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Topic: Judicial remedy

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In the News (Tue 23 Jul 19)

Judicial activism can occur at any stage in the judiciary's handling of a case, and the FSC provides us with textbook examples of activism at all three stages in its disposition of the Florida presidential election disputes.
For example, as asserted by FSC Justice Harding in his dissent in the second FSC case, "at the trial stage, the [Democratic appellants in the second case] failed to carry their requisite burden of proof and thus are not entitled to relief." FSC should have affirmed this finding.
In its first decision, the FSC's remedy was to extend the deadline for votes to be filed with the state to November 26 (beyond the statutory deadline).
www.eagleforum.org /court_watch/12-12-00/ussc.shtml   (975 words)

  Encyclopedia :: encyclopedia : Remedy Corp   (Site not responding. Last check: 2007-10-14)
Remedy Corp (NASDAQ:RMDY) was a software company that produced the Action Request System and various applications therein.
Remedy corp was founded in 1990 by Larry Garlick, who was the CEO until 2001.
Remedy was then known as Remedy, a BMC Software Company until 2004, when it became known as the Service Management Business Unit.
www.hallencyclopedia.com /Remedy_Corp   (131 words)

In law, a Judicial remedy is the means by which a court, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order.
Remedy is a song by the band Seether from their album, Karma and Effect.
Remedy is a song by the Black Crowes from their 1992 album, The Southern Harmony and Musical Companion.
www.brainyencyclopedia.com /encyclopedia/r/re/remedy.html   (250 words)

 Report on Family Law: page 8
Raking over the spouse's past conduct, having him or her judicially found to be at fault, 'and having him or her ordained to live apart, is hardly the best way of promoting a reconciliation.
Moreover, the remedy of judicial separation may be considered undesirable in itself, in that it creates a legally sanctioned divergence between the social position and the legal position.
Some, however, thought that judicial separation was the right remedy in some situations and that it should remain as an option that they were able to offer to clients.
www.scotland.gov.uk /library2/doc11/rfl-08.asp   (3625 words)

 Local Government Ombudsman - Judicial Review
Such allegations could best be investigated by the resources and powers of the Commissioner, with her powers to compel both disclosure of documents, and the giving of assistance to the investigation.
While the decision is subject to judicial review, the judges have shown commendable restraint in resisting the temptation to substitute their judgement for the Ombudsman's on the merits of the complaint.
For some disputes, judicial review is the only suitable means of obtaining redress; for example, where the dispute turns on a point of law.
www.lgo.org.uk /judicial_review.htm   (2165 words)

 Law Offices of Edythle L. Bronston
Judicial foreclosure is an alternative enforcement remedy available to the beneficiary of a deed of trust or mortgage in enforcing its lien against real property.
A plaintiff does not elect a remedy by filing a complaint for judicial foreclosure and, in fact, it is very common for lienholders to proceed both judicially and non-judicially, by concurrently filing an action for judicial foreclosure and recording a notice of default, and proceeding with both.
Judicial foreclosure of liens imposed by both a deed of trust and mortgage is subject to the statue of limitations applicable to the principal obligation (Civil Code §2911) and is therefore subject to the four-year limitation period of CCP §337, which applies generally to limit actions on written contracts; i.e.
www.bronstonlaw.com /judicialforeclosures.htm   (6353 words)

 [No title]
The civil service remedies that were available to petitioner, and that he successfully invoked, not only were fully adequate to redress a constitutional violation but reflected Congress's intent to occupy the field in a way that precludes a judicially created Bivens remedy.
The civil service remedies enabled petitioner to obtain full compensatory relief in a way that is consistent with this traditional approach; the Bivens remedy that petitioner seeks is unnecessary to compensate him and would require courts to intrude into an area they traditionally have avoided.
The Bivens remedy was not selected as a benchmark that all other remedies must meet; as the opinions in Bivens explain, it was selected because it is a traditional judicial remedy, and a court acting under the sole authority of a jurisdictional grant cannot exceed the traditional understanding of a court's powers.
www.usdoj.gov /osg/briefs/1982/sg820081.txt   (12551 words)

 Remedy, by William Dixon
An Article I witness must verify accuracy and validity of its commercial "officer of the court" summons to the proper "persons." Article II Executive must witness to the validity of proper instruments agency is "carrying into effect" and validate the unit’s application to the proper subject and class.
Article III Judicial will not be present, only commercial entities are subject to procedural due process "justice." All accusers within a commercial forum have a sworn duty as "officers of the court" to protect both Articles.
Remedy is UCC 1-103.6 for "The code is "Complimentary" to the common law which remains in force except where displaced by the code…"
www.author-me.com /nonfiction/remedy.htm   (4211 words)

The doctrine of exhaustion of administrative remedies is well settled: it is commonly held that if an administrative remedy is provided by statute or ordinance, a litigant must show that he invoked and exhausted the remedy before he may obtain judicial review of the administrative action taken.
Application of the exhaustion doctrine against them, by reason of their 'default' in the administrative proceeding to which they were not 'parties' at all, would mean in effect the imputation of their 'default' to the public in the absence of any factual basis for such imputation.
It is not a matter of judicial discretion, but is a fundamental rule of procedure laid down by courts of last resort, followed under the doctrine of Stare decisis, and binding upon all courts.
ceres.ca.gov /ceqa/cases/1975/corte_madera_061375.html   (4268 words)

 Miller v. Hart (1938) 11 C2d 739
The remedy of trustee's sale contemplated by the trust instrument in the event of default, was not denied to or taken from the beneficiary who, following the enactment of the new and alternative remedy of judicial foreclosure, was still free, at his election, to make written declaration of default and demand for trustee's sale.
In other words, the beneficiary under a trust deed having an election of remedy, takes the new remedy of judicial foreclosure as he finds it with such limitations thereon as have existed since its creation and this even though his trust deed antedates the enactment of the statute granting such new remedy.
In the former case, the attempted limitation on the existing remedy of sale under the power in the trust deed, may not be given a retrospective application or operation for the reason that it would interfere with and detract from the substantive rights of the creditor.
online.ceb.com /calcases/C2/11C2d739.htm   (776 words)

 Oregon Judicial Department - Publications
Clauses guaranteeing remedy for injury to absolute common-law rights became more common after 1780, as constitution writers realized that unrestrained state legislative power was as much a threat to the security of individual rights as unrestrained parliamentary and royal power had been.
Because the common law and the constitution guaranteed "right," or remedy, for injury, the court explained, it would evaluate remedial statutes that were substitutes for common-law remedies with a presumption that the legislature intended to provide remedies for injury that at least were equivalent to those that had been provided at common law.
Plaintiff contended that the remedy clause guarantees the availability of a process for seeking redress for injuries that were recognized at common law and that ORS 656.018 (1995) impermissibly eliminated the existence of a remedy for the injuries that he believes he suffered at work.
www.publications.ojd.state.or.us /S44512.htm   (15268 words)

 The Assault on Habeas Corpus in Immigration Law - Human Rights Magazine, Winter 2001
That second assault aims at the historical core of the writ of habeas corpus: its guarantee of a judicial remedy for detention by executive authority.
It permits the substitution of another, equally effective judicial remedy for the particular procedural avenue known as habeas corpus, so long as judicial supervision of the lawfulness of detention is ensured.
The guarantee of the writ ensures judicial participation in the enforcement of the rule of law, not merely a remedy for constitutional violations.
www.abanet.org /irr/hr/winter01/neuman.html   (1365 words)

 Knowledge Base: Judicial Remedy   (Site not responding. Last check: 2007-10-14)
That means that the remedy is not found in the constitution itself, or in a statute, but was created by the Court.
Where there was no remedy at law and the legislators did not move to create one, the judges took it into their own hands to do so.
Cahan held that this "judicially declared rule of evidence" would henceforth be applied when evidence was illegally seized in violation of article 1, section 13 of the California Constitution.
www.csudh.edu /dearhabermas/judicial.htm   (352 words)

 Missouri v. Jenkins, 495 U.S. 33 (1990)
The State's argument that the funding ordered by the District Court violates the principles of equity and comity because the remedial order itself was excessive aims at the scope of the remedy, rather than the manner in which the remedy is to be funded, and thus falls outside this Court's limited grant of certiorari.
Day-to-day administration of the tax must be accomplished by judicial trial and error, requisitioning the staff of the existing tax authority, or the hiring of a staff under the direction of the judge.
A remedy that uses the quality of education as a lure to attract nonminority students will place the District Court at the center of controversies over educational philosophy that, by tradition, are left to this Nation's communities.
www.usscplus.com /online/cases/495/4950033.htm   (14468 words)

 Knowledge Base: Judicial Remedy   (Site not responding. Last check: 2007-10-14)
That means that the remedy is not found in the constitution itself, or in a statute, but was created by the Court.
Where there was no remedy at law and the legislators did not move to create one, the judges took it into their own hands to do so.
Cahan held that this "judicially declared rule of evidence" would henceforth be applied when evidence was illegally seized in violation of article 1, section 13 of the California Constitution.
oldweb.uwp.edu /academic/criminal.justice/judicial.htm   (352 words)

 CITY OF RANCHO PALOS VERDES et al. v. ABRAMS, 544 U.S. --- -- US Supreme Court Cases from Justia & Oyez
The ordinary inference that the remedy provided in the statute is exclusive can surely be overcome by textual indication, express or implicit, that the remedy is to complement, rather than supplant, §1983.
Judicial review of zoning decisions under §332(c)(7)(B)(v) must be sought within 30 days after the governmental entity has taken "final action," and, once the action is filed, the court must "hear and decide" it "on an expedited basis." §332(c)(7)(B)(v).
have held that the appropriate remedy for a violation of the TCA is a mandatory injunction").
supreme.justia.com /us/544/03-1601/case.html   (5446 words)

 Judicial Remedy and Provisional Measures for IP Rights Protection in Civil Procedures in China (3)
In addition, this judicial interpretation particularly points out that the decision on the issuing of preliminary injunction will not be ceased by the counter guarantee.
Therefore, in the Judicial Interpretation of Supreme People's Court, the principle of "whole damage" is explained in terms of the Article 60 of the Patent Law for providing specific guidance to the damage calculation.
In addition, the article 22 of the Judicial Interpretation has defined that the reasonable expenses of the patent right holder for investigating and deterring the infringement can be included in the damage upon the request of the patent right holder and the facts of the case.
www.chinaiprlaw.com /english/forum/forum29.htm   (2360 words)

 Judicial Review of Security Clearance Determinations
Moreover, any chilling effect can be minimized if damages actions against officials in their individual capacities are not available; the availability of some judicial remedy against the government for discrimination claims may help to persuade courts that a damages remedy against individual officers should not be available.
On the one hand, all agreed that there are weighty national security concerns at stake in judicial oversight of security clearance determinations, and that the courts should not be able to order that clearances be granted or set aside determinations that are based on a legitimate national security reason.
The restriction of court-ordered remedies to remand would prevent the possibility of courts ultimately having the last word in an area in which the executive should be accorded great deference.
www.fas.org /sgp/othergov/justice.html   (3709 words)

 No. 98-554: Lee v. Hughes - Opposition
The Court recognized that the judicial creation of a monetary remedy for constitutional violations was appropriate in those situations because Congress had not created a remedial mechanism to address the alleged constitutional violations and there were "no special factors counselling hesitation in the absence of affirmative action by Congress." Bivens, 403 U.S. at 396-397.
In this case, petitioner, who is a preference-eligible member of the excepted service in the Judicial Branch, enjoys a number of employment benefits under the CSRA and related statutes, but he does not have the statutory rights provided to most other federal employees to challenge an adverse personnel action.
Congress's sensitivity to the Judicial Branch's employment interests is especially clear in light of its enactment of the Administrative Office of the United States Courts Personnel Act of 1990 (AO Act), Pub.
www.usdoj.gov /osg/briefs/1998/0responses/98-0554.resp.opp.html   (3072 words)

 Civic Report 9 | School Finance Reform: A Case for Vouchers, by Michael Heise and Thomas Nechyba
One viable but relatively unexplored legal remedy to constitutionally inadequate school finance systems is to target any additional funding to the parents of schoolchildren assigned to under-performing schools rather than to the public schools or school systems that have failed to deliver adequate educational services.
From one perspective, our proposed judicial remedy represents a small departure from the typical judicial remedy that endeavors to direct increased educational spending to the very schools and districts that failed to perform in a constitutionally acceptable manner.
We propose that judicial remedies resulting from successful challenges to the adequacy of school finance systems direct increased educational funding in the form of vouchers to the families of those schoolchildren who are served by inadequate schools rather than to the schools that have failed to deliver adequate educational services.
www.manhattan-institute.org /html/cr_9.htm   (12403 words)

 Law.com - 2nd Circuit Panel Probes N.Y. Judicial Election Remedy
Rossman argued that if the panel did not simply reverse Gleeson, it ought to ask him to assess which aspects of the convention system were unconstitutional -- such as the petitioning requirements or the amount of time candidates have to lobby delegates -- and more narrowly tailor his solution.
Schwarz countered that Gleeson had acted with proper judicial restraint, since it was not his place to legislate.
She had received the most votes -- more than 200,000 -- of any judicial candidate in the 2002 primary for Civil Court, but she could not obtain a nomination for Supreme Court despite seven years of effort.
www.law.com /jsp/article.jsp?id=1149757520194   (1248 words)

 *** The Target For J.A.I.L. Is The Abuse of Judicial Immunity ***
It is the abuse of judges arbitrarily applying judicial immunity that prevents the granting of a judicial remedy (or administrative remedy through abuse by the judiciary in subsequent proceedings)-- thus violating the People's inherent right of redress of grievances.
If no remedy is provided by the judiciary after exhausting all judicial remedies at least through the state supreme court, then the matter is brought before the SGJ alleging certain misconduct by all judges involved in the cover-up by upholding "quasi-judicial immunity" for the alleged violations of law.
If a judge or judges uphold judicial or quasi-judicial immunity, thus blocking a remedy for an injured party having the right of redress of grievances, the People have the DUTY to act, to see to it that such right is protected and honored by our courts.
www.jail4judges.org /JNJ_Library/2005/2005-12-07A.html   (1071 words)

 Section 1983 Survives Supreme Ct.'s Telecommunications Act Ruling   (Site not responding. Last check: 2007-10-14)
The Court framed the question as “whether Congress meant the judicial remedy expressly authorized by §332(c)(7) to coexist with an alternative remedy available in a § 1983 action.
That presumption may be rebutted by evidence that Congress did not intend the section 1983 remedy, evidence “found directly in the statute creating the right, or inferred from the statute’s creation of a ‘comprehensive enforcement scheme that is incompatible with individual enforcement under §1983….
Virginia Hospital Assn., 496 U.S. The Court also rejected the argument that “the availability of a private judicial remedy is not merely indicative of, but conclusively establishes, a congressional intent to preclude §1983 relief….
www.nsclc.org /news/05/03/FR_1983sctelecom.htm   (1189 words)

 Knowledge Base: Private Remedy in Tort   (Site not responding. Last check: 2007-10-14)
If, however, the illegal seizure is undertaken by a private citizen, acting on her own, the judicial remedy of exclusion of the evidence is not available.
In other words, if a private citizen is pursuing a private interest, the appropriate remedy at law for any tortious conduct, including illegal search and seizure, is a civil suit for damages.
This remedy is inadequate from the defendant's perspective, if the result of the illegal search and seizure is a criminal prosecution, because money damages will not prevent conviction.
www.csudh.edu /dearhabermas/privrem.htm   (452 words)

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