adequate remedy

adequate remedy
A remedy that a court deems adequate under the circumstances. The remedy may be ordered by the court or arrived at by the parties to the lawsuit.For example, a court might consider it adequate for one party to compensate the other with money (damages) or to take some other action such as tearing down a shed that crosses a property line.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

adequate remedy
n.
   a remedy (money or performance) awarded by a court or through private action (including compromise) which affords "complete" satisfaction, and is "practical, efficient and appropriate" in the circumstances. In part this depends on what relief (like an order granting one an easement over a neighbor's property or an order keeping the drunken husband away from the complaining wife) a party is seeking. A court is a bit self-congratulatory and subjectively judgmental when it announces that the remedy granted is "adequate" when it has done the best it can in the circumstances. Example: a "stay away" order telling an abusive husband to keep his distance from his wife but not putting him in jail. The order is only a piece of paper until he violates it, giving cause for his arrest.

Law dictionary. . 2013.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • Adequate remedy — An adequate remedy is a legal remedy (either court ordered or negotiated between the litigants) which the court deems satisfactory.This consideration expresses to the court whether money should be awarded or a court order should be decreed.… …   Wikipedia

  • adequate remedy at law — n. A remedy that provides complete and appropriate relief. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. adequate remedy at law n. A leg …   Law dictionary

  • adequate remedy at law — For purposes of rule that a litigant who fails to avail himself of a remedy provided by law and who is subsequently barred from pursuing that remedy because of his own lack of diligence cannot rely on the absence of a remedy at law as a basis for …   Black's law dictionary

  • adequate remedy at law — For purposes of rule that a litigant who fails to avail himself of a remedy provided by law and who is subsequently barred from pursuing that remedy because of his own lack of diligence cannot rely on the absence of a remedy at law as a basis for …   Black's law dictionary

  • adequate remedy at law — A remedy at law which defeats by its existence the jurisdiction of equity, being a remedy which is plain, clear and certain, prompt or speedy, sufficient, full, or complete, practical, and efficient to the attainment of the ends of justice. 27 Am …   Ballentine's law dictionary

  • adequate remedy — sufficient recompense for harm done …   English contemporary dictionary

  • remedy — rem·e·dy 1 n pl dies: the means to enforce a right or to prevent or obtain redress for a wrong: the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong if… …   Law dictionary

  • adequate — ad·e·quate adj: lawfully and reasonably sufficient adequate grounds for a lawsuit Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. adequate …   Law dictionary

  • adequate notice — noun ample notice, commensurate notice, fair notice, good notice, satisfactory notice, sufficient notice, suitable notice, valid notice associated concepts: adequate care, adequate compensation, adequate remedy at law, adequate security Burton s… …   Law dictionary

  • remedy — The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated. Long Leaf Lumber, Inc. v. Svolos, La.App., 258 So.2d 121, 124. The means employed to enforce a right or redress an injury, as… …   Black's law dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”