Discretionary remedy
WebMay 4, 2012 · In a civil lawsuit, statutory remedies are those damage recoveries which are set forth by a code section or statute. For example, in construction law, statutory remedies include mechanic’s liens, stop notices, and surety bonds. Frank W. Chen has been licensed to practice law in California since 1988. WebJun 10, 2024 · OPLA does not charge a filing or application fee to receive, process, or consider PD requests. Therefore, you are not required to pay a fee when submitting a …
Discretionary remedy
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WebMar 27, 2024 · This rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion.” Thus, a writ to compel the police to conduct an investigation can be denied for not exhausting the alternative and efficacious remedy … WebPlaintiffs can also receive provisional remedies when a court uses its discretionary power to prevent harm to the plaintiff while the plaintiff's rights are still being determined. Such remedies include temporary injunctions, attachment, and garnishment. menu of sources State Material State Judicial Decisions N.Y. Court of Appeals:
WebAug 31, 2024 · by a decree or order from which no appeal is allowed by this Court, or by a decision on a reference from a Court of Small Causes, may apply for a review of judgment to the Court which passed the decree or made the order, and the Court may make such order thereon as it thinks fit. WebAug 22, 2024 · See also Practice Questions - Set 1. (A) Writ of mandamus can be granted as it is a discretionary remedy. (B) Writ of mandamus cannot be granted as there is no violation of fundamental right. (C) Writ of mandamus cannot be granted as Mr. B’s right under the contract is a private right. (D) Writ of mandamus can be granted as there is no ...
WebApr 13, 2024 · The remedies in case of breach of contract is a civil one and suit much be filled in the ordinary civil court before the time limits lapse and it is to be kept in mind that the limitations for ... WebJul 22, 2014 · To Enhance Availability of a Discretionary Remedy. Some remedies, particularly equitable remedies, are within the court’s discretion. For example, the appointment of a receiver to manage collateral before final judgment is subject to a variety of factors, the most critical of which are whether the creditor is undersecured and whether …
WebYou may also be eligible to participate in a discretionary annual incentive program, subject to the rules governing the program, whereby an award, if any, depends on various …
WebJan 29, 2024 · The specific relief – no more discretionary relief: The remedy of specific relief was granted by the courts of equity as a discretionary relief. Likewise, the … captain peter deeks fishing guideWebMar 28, 2024 · Regarding the Board’s determination not to order a notice-reading remedy, the Court declined to disturb the Board’s determination, noting “the deferential standard of review and the ‘special respect’ given to the NLRB’s choice of remedy in light of its policy expertise and its broad, discretionary remedial powers.” captain peter hammarstedtWebRescission is an equitable remedy and is discretionary. It is used as a synonym for termination at law. A court may decline to rescind a contract if one party has affirmed the … britt hawthorne bookWebRescission is a discretionary remedy, and can be refused on a variety of grounds. Restitutio in integrum impossible Rescission will normally be refused if restitutio in integrum is impossible: Clarke v Dickson (1858) EB & E 148. britthay caymanWebIf the claimant complains that he has been unlawfully detained, he may invoke a long-standing procedure to obtain a court decision, whether he has been unlawfully detained … captain peter waxtanWebThis chapter provides important insights into the role that judicial discretion plays in the grant of both common law and equitable remedies. It draws on the works of a number of … captain pete\u0027s bait and tackleWebJan 16, 2024 · There are a few different legal remedies a party may consider when another party has allegedly breached its contractual obligation, including lawsuits and arbitration. … captain peter probert