Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
election of remedies
1. A claimant's act of choosing between two or more concurrent but inconsistent remedies based on a single set of facts. 2. The affirmative defense barring a litigant from pursuing a remedy inconsistent with another remedy already pursued, when that other remedy has given the litigant an advantage over, or has damaged, the opposing party. This doctrine has largely fallen into disrepute and is now rarely applied. 3. The affirmative defense that a claimant cannot simultaneously recover damages based on two different liability findings if the injury is the same for both claims, thus creating a double recovery. Cf. alternative relief under RELIEF (3).
exhaustion of remedies
The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available. ( The doctrine's purpose is to maintain comity between the courts and administrative agencies and to ensure that courts will not be burdened by cases in which judicial relief is unnecessary. - Also termed exhaustion of administrative remedies. "The traditional rule can .. . be fairly simply stated. A litigant must normally exhaust state 'legislative' or 'administrative' remedies before challenging the state action in federal court. He or she need not normally exhaust state 'judicial' remedies. The rationale for this distinction is that until the administrative process is complete, it cannot be certain that the party will need judicial relief, but when the case becomes appropriate for judicial determination, he or she may choose whether to resort to a state or federal court for that relief. The word 'normally' is required in both branches of the rule." Charles Alan Wright, The Law of Federal Courts § 49, at 313 (5th ed. 1994).
exhaustion of state remedies
The doctrine that an available state remedy must be exhausted in certain types of cases before a party can gain access to a federal court. ( For example, a state prisoner must exhaust all state remedies before a federal court will hear a petition for habeas corpus.
joinder of remedies
See JOINDER.
joinder of remedies.
The joinder of alternative claims, such as breach of contract and quantum meruit, or of one claim with another prospective claim, such as a creditor's claim against a debtor to recover on a loan and the creditor's claim against a third party to set aside the transfer of the loan's collateral.
limitation-of-remedies clause
A contractual provision that restricts the remedies available to the parties if a party defaults. ( Under the UCC, such a clause is valid unless it fails of its essential purpose or it unconscionably limits consequential damages. UCC § 2-719. Cf. LIQUIDATED-DAMAGES CLAUSE; PENALTY CLAUSE.
remedies
The field of law dealing with the means of enforcing rights and redressing wrongs.
rule of marshaling remedies
See RULE OF MARSHALING ASSETS.
several-remedies rule
A procedural rule that tolls a statute of limitations for a plaintiff who has several available forums (such as a workers'-compensation proceeding and the court system) and who timely files in one forum and later proceeds in another forum, as long as the defendant is not prejudiced.
waiver by election of remedies
A defense arising when a plaintiff has sought two inconsistent remedies and by a decisive act chooses one of them, thereby waiving the other.