Extraordinary Remedy

Definition

An extraordinary remedy is a legal relief that goes beyond the typical judicial remedies available, often used to rectify serious injustices or address urgent situations. These remedies can include injunctions, specific performance, or other forms of relief that are not usually granted in standard civil actions. The use of extraordinary remedies is generally reserved for cases where traditional remedies would be inadequate to resolve the issues at hand.

5 Must Know Facts For Your Next Test

1. Extraordinary remedies are often sought when there is a threat of irreparable harm that cannot be adequately compensated by monetary damages.
2. Courts exercise discretion when granting extraordinary remedies, considering factors like the likelihood of success on the merits and the balance of harms between the parties.
3. The standard for granting an extraordinary remedy can vary depending on jurisdiction, but generally requires a showing of urgency and necessity.
4. These remedies are typically temporary and may be subject to further hearings or conditions before becoming permanent.
5. Extraordinary remedies are sometimes used in conjunction with traditional remedies, providing a broader range of relief for plaintiffs facing significant legal challenges.

Review Questions

• How do extraordinary remedies differ from standard legal remedies, and why might a court choose to grant one over the other?
  • Extraordinary remedies differ from standard legal remedies mainly in their scope and urgency. While standard remedies, such as monetary damages, aim to compensate a party after harm has occurred, extraordinary remedies seek to prevent imminent harm or enforce immediate action. A court might choose to grant an extraordinary remedy if it finds that standard remedies would be insufficient to address a significant injustice or threat to a party's rights.
• Evaluate the criteria that courts use to determine whether to grant an extraordinary remedy in civil cases.
  • Courts generally evaluate several criteria when deciding whether to grant an extraordinary remedy, including the likelihood of success on the merits of the case, the potential for irreparable harm if the remedy is not granted, and the balance of hardships between the parties involved. Courts also consider public interest factors and whether the remedy would serve justice. This rigorous evaluation ensures that extraordinary relief is reserved for cases where traditional measures would fall short.
• Assess the implications of using extraordinary remedies in litigation and their impact on the legal system as a whole.
  • The use of extraordinary remedies can significantly impact litigation by providing immediate relief in urgent situations, thus allowing parties to avoid further harm while their cases are being resolved. However, this practice also raises concerns about judicial overreach and the potential for abuse, as plaintiffs may seek such remedies in cases where traditional avenues would suffice. Balancing access to these powerful tools against their potential misuse is crucial for maintaining integrity within the legal system and ensuring fairness for all parties involved.

Related terms

Injunction: A court order requiring a party to do or refrain from doing specific acts, often used to prevent harm or maintain the status quo.

Specific Performance: A legal remedy that compels a party to fulfill their contractual obligations, typically used in cases involving unique goods or properties.

Writ of Mandamus: A court order directing a public official or government entity to perform a duty that is required by law.