Legal remedy

A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.^[1]

In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability.^[1] In international human rights law, there is a right to an effective remedy.

In the legal system of the United States, there exists a traditional form of judicial remedies that serve to combat juror biases caused by news coverage. The First Amendment of the United States forbids the government from censoring and restraining the freedom of expression, which allows the ever-expanding news media to influence the legal process. The entangled relationship between mass media and the legal system presents challenges to the Sixth Amendment that guarantees the rights of criminal defendants to receive fair trials. Trial-level remedies are in place to avoid pretrial publicity from affecting the fairness of a trial. To minimize the impacts of pretrial publicity, there are six kinds of judicial remedies at the disposal of judges: voir dire, change of venue, change of veniremen, continuance, admonition, sequestration.^[2]

In English and American jurisprudence, there is a legal maxim (albeit one sometimes honored in the breach) that for every right, there is a remedy; where there is no remedy, there is no right. That is, lawmakers claim to provide appropriate remedies to protect rights. This legal maxim was first enunciated by William Blackstone: "It is a settled and invariable principle in the laws of England, that every right when with-held must have a remedy, and every injury its proper redress."^[3]^[4] In addition to the United Kingdom and the United States, legal remedy is a concept widely practiced in the legal system of a variety of countries, though approached differently.^[5]

^ ^a ^b "Judicial remedy – National Action Plans on Business and Human Rights". globalnaps.org. 2017-11-03. Retrieved 2020-01-25.
^ R. Pember & Calvert, Jon & Clay (2014). Mass Media Law. New York, NY: McGraw Hill Education. ISBN 978-0077861421.
^ 1 William Blackstone, Commentaries on the Laws of England 23
^ See also Marbury v. Madison, 5 U.S. (1 Cranch) 137, 162–163 (1803).
^ Skinner, Gwynne; McCorquodale, Robert; De Schutter, Olivier (December 2013). "The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business" (PDF). The International Corporate Accountability Roundtable (ICAR).

[:0-1] "Judicial remedy – National Action Plans on Business and Human Rights". globalnaps.org. 2017-11-03. Retrieved 2020-01-25.

[:4-2] R. Pember & Calvert, Jon & Clay (2014). Mass Media Law. New York, NY: McGraw Hill Education. ISBN 978-0077861421.

[3] 1 William Blackstone, Commentaries on the Laws of England 23

[4] See also Marbury v. Madison, 5 U.S. (1 Cranch) 137, 162–163 (1803).

[:3-5] Skinner, Gwynne; McCorquodale, Robert; De Schutter, Olivier (December 2013). "The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business" (PDF). The International Corporate Accountability Roundtable (ICAR).

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