1. What are civil remedies?
Civil remedies are legal solutions given to settle a dispute which is not criminal in nature. They are bent upon compensating the injured party or enforcing rights.
2. What are the different types of civil remedies?
There are mainly
compensatory damages
; payment for losses;
Punitive damages
; extra payment to punish wrongful conduct;
Injunctions
; court orders compelling a person to do or not to do something;
Specific performance
; enforcing a contract as agreed;
Also read:
- https://legalaceguide.com/8-questions-to-understand-the-basics-of-tort-law/
- https://legalaceguide.com/10-common-questions-about-civil-litigation-process-answered/
- https://legalaceguide.com/6-key-questions-about-filing-civil-cases-simplified/
3. What are compensatory damages?
Monetary Award for Actual Damages: Some involve actual losses- medical expenses or lost wages-they may entail repairing property also.
4. What are Punitive Damages?
Punitive damages apply to punish offensive behavior and stop others from carrying it out. Given as an aid in addition to compensatory awards.
5. What is An Injunction?
An injunction by a court calls for a particular action or inaction by an individual, example stopping a nuisance or enforcing non-compete provisions.
6. What is specific performance?
Specific performance is a remedy requiring a party to fulfill contractual obligations, often used in cases involving unique items or real estate.
7. Can emotional distress be compensated?
Yes, courts may award damages for emotional distress caused by the defendant’s actions, especially in personal injury or defamation cases.
8. What are nominal damages?
Nominal damages are minor monetary awards granted when the plaintiff proves a legal wrong but suffers no appreciable harm.
9. What are restitution damages?
Restitution seeks to place the injured party in the position they were in before the wrong by requiring the wrongdoer to return benefits unjustly obtained.
10. What is declaratory relief?
A declaratory judgment declares the rights or obligations of parties in a dispute without ordering any specific action or award.
11. What are equitable remedies?
Equitable remedies, such as injunctions or specific performance, are based on fairness and non-monetary redress.
12. What are liquidated damages?
Liquidated damages are amounts agreed upon in a contract to be paid if one party breaches the contract.
13. When are punitive damages awarded?
Punitive damages are awarded in cases involving intentional, reckless, or malicious conduct, such as fraud or gross negligence.
14. Can civil remedies include attorney fees?
In some instances, the losing party may be directed to pay for the attorney’s fees of the winning party but this is either by the prevailing laws or on contract terms.
15. What is a TRO?
It is a kind of short-lived injunction given against immediate harm as a precursor for a formal trial.
16. How are damages calculated?
There are various bases for damages computed from evidence and loss such as receipts, expert witness, and other market values
17. Do remedies come singly?
Yes, courts can combine remedies, such as awarding damages and issuing an injunction, depending on the case.
18. What is mitigation of damages?
Plaintiffs are expected to take reasonable steps to minimize their losses. Failure to do so can reduce awarded damages.
19. How are judgments enforced?
Judgments can be enforced through wage garnishment, property liens, or seizure of assets if the losing party fails to comply voluntarily.
20. Can remedies be appealed?
Yes, remedies can be appealed when there is an impression of legal error or excessive damage awarded by the trial court.
