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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]
The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court. [1] Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from ...
The statement's principles included: aligning remedial courses with a student's long-term area of study at the college, using multiple measures to placement students in remedial courses, requiring all students – including under-prepared students – to pick a program of study when they enter college, integrating academic support services into ...
Although the rules governing juvenile court vary significantly from state to state, the broad goal of U.S. juvenile courts is to provide a remedial or rehabilitative alternative to the adult criminal justice system. Although not always met, the ideal is to put a juvenile offender on the correct path to be a law-abiding adult.
A subsequent remedial measure is an improvement, repair, or safety measure made after an injury has occurred. FRE 407 [dead link ] prohibits the admission of evidence of subsequent remedial measures to show defendant's (1) negligence; (2) culpable conduct; (3) a defect in defendant's product; (4) defect in the design of defendant's product; or (5) the need for a warning or instruction.
The right to an effective remedy has been invoked in cases of asylum seekers in which the right has been held to prevent a state from deporting an asylum seeker before adjudicating the seeker's application for asylum, and that upon rejection of an asylum claim, the claimant must have a practical ability to appeal by being granted sufficient time and access to legal representation.
Noscitur a sociis ("a word is known by its associates") When a word is ambiguous, its meaning may be determined by reference to the rest of the statute. This canon is often used to narrow the interpretation of terms in a list. We understand words in an act, particularly listed in words, by considering the words surrounding them.
The purposive approach (sometimes referred to as purposivism, [1] purposive construction, [2] purposive interpretation, [3] or the modern principle in construction) [4] is an approach to statutory and constitutional interpretation under which common law courts interpret an enactment (a statute, part of a statute, or a clause of a constitution) within the context of the law's purpose.