There are three distinct categories of remedies in common law systems. The remedy originates in the English courts and takes the form of a monetary payment to the victim, commonly referred to as damages or repletive. The purpose of compensation is to repair the harm caused to the victim by a party in violation. In the history of the English legal system, the remedy existed only in the form of financial compensation, and the victim must therefore apply to a separate system if he or she wishes other forms of compensation. Although courtrooms and proceedings have been integrated, the distinction between monetary claims and measures still exists.  Non-monetary compensation refers to the second category of judicial remedies, equitable remedies. This type of action stems from the equitable jurisdiction developed by the English Court of Chancery and the Court of Exchequer. Declaratory actions are the third category of judicial remedies. Unlike the other two categories, declaratory actions generally involve a court determining how the law is to be applied to certain facts without the parties ordering it.
 Courts provide reasons for deciding many types of issues, including whether a person has legal status, who owns property, whether a law has a particular meaning, or what rights exist under a contract.  While these are three basic categories of common law remedies, there are also a handful of others (such as the Reformation and the Resignation, both of which relate to treaties whose terms must be rewritten or reversed). Punitive damages are different from other types of damages because their primary purpose is to punish the defendant and deter him and many others from engaging in similar unlawful acts in the future.  The defendant`s malice and intent to commit certain unlawful acts generally require the court to award punitive damages. Since the intent of punitive damages is generally not to compensate the claimant, it is often the case that the plaintiff awards only part of them at the discretion of the judges and that they serve only to supplement the damages.  Fair withdrawal gives the innocent claimant the right to cancel or terminate a contract if he or she entered into the contract as a result of fraud, misrepresentation, etc., or if the contract was breached by the other party. In order to restore the situation to its pre-contract state, both parties must return what they received from the exchange.  In English and American jurisprudence, there is a legal maxim (although it is sometimes honored in violation) that there is a remedy for every right; Where there is no recourse, there is no right. That is, the legislature purports to provide appropriate legal remedies to protect rights. This legal maxim was first enunciated by William Blackstone: “It is a firm and immutable principle in the laws of England that every right, if denied, must have a remedy, and every violation its proper remedy.”   With the United Kingdom and the United States, reparation is a concept widely used in the legal systems of a large number of countries, although approached differently.
 In the U.S. legal system, there is a traditional form of redress designed to combat jury bias caused by reporting. The U.S. First Amendment prohibits the government from censoring and restricting free speech, allowing the expanding news media to influence the judicial process. The close relationship between the media and the judiciary calls into question the Sixth Amendment, which guarantees defendants` right to a fair trial. Procedural remedies are available to prevent the public from interfering with the fairness of a pre-trial trial. In order to minimize the impact of pre-trial publicity, judges have six types of remedies: see-say, change of location, change of coming, continuation, admonition, sequestration.  Profit accounting is an examination of the amount of profit that the defendant has made from his wrong. Accounting is more commonly practiced in cases against a trustee or breach of contract where determining the defendant`s profits is important.
 Copyright © 2022, Thomson Reuters. All rights reserved. There are three characteristics of equitable remedies that differ from damages. First, the jury is not used in cases involving fair remedies. Second, when sanctioning fair remedies, the court does not make decisions based on precedent, but tends to rely on justice, which must be exercised. Third, equitable remedies are not monetary. Rather, they are deeds, real estate, etc., that the court imposes on the defendant in order to bring both parties to a dispute back to the situation they were in before their contract.  SuperLawyers.com Directory of U.S.