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The right to an effective remedy is the right of a person whose human rights have been violated to legal remedy. Such a remedy must be accessible, binding, capable of bringing perpetrators to justice, provide appropriate reparations, and prevent further violations of the person's rights.
Special pleas in federal criminal cases have been abolished, and defenses formerly raised by special pleas are now raised by motion to dismiss. A conditional plea is one where the defendant pleads guilty to the offense but expressly reserves the right to appeal certain aspects of the charges (for example, that the evidence was illegally obtained).
Code pleading sought to abolish the distinction between law and equity. [7] It unified civil procedure for all types of actions as much as possible. The focus shifted from pleading the right form of action (that is, the right procedure) to pleading the right cause of action (that is, a substantive right to be enforced by the law). [8]
In a criminal case, the peremptory pleas are the plea of autrefois convict, the plea of autrefois acquit, and the plea of pardon. The former two refer to cases of double jeopardy . A plea of " autrefois convict " ( Law French for "previously convicted") is one in which the defendant claims to have been previously convicted of the same offense ...
A right is a legal or moral entitlement or permission. Right or rights may also refer to: Right, synonym of true or accurate, opposite of wrong; Morally right, opposite of morally wrong; Right (direction), the relative direction opposite of left; Right-wing politics, in general or a political party associated with right-wing politics
Some statutes provide for a narrow right of standing while others provide for a broader right of standing. [19] Frequently a litigant wishes to bring a civil action for a declaratory judgment against a public body or official. This is considered an aspect of administrative law, sometimes with a constitutional dimension, as when the litigant ...
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Trover (/ ˈ t r oʊ v ər / [1]) is a form of lawsuit in common law jurisdictions for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself (see replevin).