Also known as: judicial remedies · judicial relief · court remedy
Written by attorneys · grounded in primary & secondary sources — see below
A form of relief that a court may grant to enforce a legal right or redress a wrong. The remedy is available when a party seeks recovery of possession or other protection through judicial process rather than self-help.
Point Assurance leased space to North Assurance under a lease that expired last month. North Assurance remains in possession while negotiating renewal. Point Assurance leased the same space to West Surety, which cannot take possession because North Assurance refuses to vacate. Point Assurance files an action in court to recover the premises from the holdover tenant.
Creek Bistro terminated Hannah's lease for a stall at the end of its term and leased the space to First Bistro. The jurisdiction provides a same-month schedule for commercial possession actions. Creek Bistro used its staff to remove Hannah's fixtures and allow First Bistro's contractors to enter. Hannah sues for damages arising from the eviction because the landlord bypassed the available court process.
Select any source to read its text and confirm it supports the definition.
Jeanette Jensen resides in a state legislative district whose boundaries allegedly dilute her vote. She files suit in federal court seeking a declaratory judgment and injunctive relief to require redistricting that satisfies equal protection standards. The court determines whether a judicial remedy exists to address the claimed constitutional violation.
Joanna Jung lives with her grandchildren in a home that violates a city zoning rule limiting occupancy to nuclear families. She sues the city in federal court seeking to enjoin enforcement of the ordinance. The court considers whether a judicial remedy is available to protect substantive due process interests in family living arrangements.
Javier Jimenez alleges that federal agents conducted an unlawful search of his home. He brings an action in federal court seeking monetary damages directly under the Constitution. The court evaluates whether a judicial remedy for the alleged violation may be implied in the absence of a statutory cause of action.
Jessica Jacobs attends a public school in a district with lower per-pupil expenditures than wealthier districts. She sues state officials in federal court seeking an order requiring more equitable funding. The court assesses whether a judicial remedy exists to remedy the alleged equal protection violation in the state's financing system.
Either the landlord or an incoming tenant entitled to possession may pursue judicial remedies available under local law to recover possession from a tenant holding over after lease termination, unless a statute provides otherwise.
Supporting sources
When controlling law supplies a speedy judicial remedy for recovery of possession from a holdover tenant, neither the landlord nor the incoming tenant may resort to self-help unless the law expressly preserves that right.
Supporting sources
Judicial remedies protect a promisee's expectation interest, reliance interest, or restitution interest, and may include a judgment for damages, specific performance, or an injunction.
Supporting sources
…suit and establishes that he is incapable of earning a “reasonable return” on the site in its present state, he can be afforded judicial relief. Similarly, where a landmark owner who enjoys a tax exemption has demonstrated that the landmark structure, as restricted, is totally inadequate for the owner’s “legitimate needs,” the law…