civil remedies Flashcards
what is a remedy?
an order made by a court designed to address a civil wrong or breach.
what is the general purpose of most remedies?
to restore the plaintiff, as far as possible, to the position they were in before the wrong occurred.
what are damages?
an amount of money awarded to the plaintiff in a civil case, to be paid by the defendant.
what is the general purpose of damages?
to compensate the plaintiff for losses suffered, so they can be returned as far as possible to the position they were in before the wrong occurred.
what are the different kinds of damages?
compensatory damages (specific/special damages, general damages, aggravated damages), nominal damages, contemptuous damages, exemplary damages.
what is an injunction?
a court order for the defendant in a civil case to do something or not do something.
what is the general purpose of an injunction?
to rectify a situation caused by the defendant.
what are the four types of injunction?
a restrictive injunction, mandatory injunction, interlocutory injunction, final injunction.
what is a restrictive injunction?
ordering a defendant to refrain from undertaking an action that will cause a wrongdoing.
what is a mandatory injunction?
ordering a defendant to do a particular act to stop the breach or potential breach of right.
what is an interlocutory injunction?
a temporary injunction that is awarded quickly in an urgent situation.
what is a final injunction?
this is a permanent/perpetual injunction granted after the case has been heard in full by the court.
