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NeCede's

Maxim 7.9.17

Remedy signifies the judicial means for enforcing a right or redressing a wrong.

Source: Walters v. City of Ottawa, 88 N.E. 651, 654, 240 Ill. 259; 240 Ill; Weisman, 94f Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A remedy is the judicial means by which a right is enforced or a wrong is redressed — without a remedy, a right exists only on paper.

Where this applies

  • A homeowner whose property is wrongfully seized needs a judicial remedy — a court order compelling the return of the property — not just sympathy.
  • When a worker is fired in violation of her contract, the remedy is a lawsuit for breach of contract — the judicial means of enforcing her right to the agreed-upon terms.
  • A citizen denied his right to vote seeks a court injunction as the judicial remedy to enforce his constitutional right.

Legal domains

Cite this maxim

NeCede Max. 7.9.17 — Remedy signifies the judicial means for enforcing a right or redressing a wrong. — Walters v. City of Ottawa, 88 N.E. 651, 654, 240 Ill. 259; 240 Ill; Weisman, 94f

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