extraordinary remedy – not available unless necessary to preserve a right that cannot be protected by a standard legal or equitable remedy

     This page is continued from Civil Law Self-Help >>>> Section 3: Which form(s) of relief are you seeking to help remedy the situation? >>>> Remedies >>>> Judicial Remedies:

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extraordinary remedy:
(16c)

1. A remedy — such as a writ of mandamus or habeas corpus — not available to a party unless necessary to preserve a right that cannot be protected by a standard legal or equitable remedy.  *  Because there is no agreed list of extraordinary remedies, some standard remedies — such as preliminary and permanent injunctions — are sometimes described as extraordinary. [1]  

extraordinary remedies – 1. Remedies, developed by the application of common-law or prerogative writs and confirmed with modifications by statute, intended to make available types of relief not obtainable in an ordinary action in law or equity, most notable, of which are those employed in reference to the acts and determinations of administrative agencies: — certiorari, mandamus, and prohibition. 2 Am J2d Admin L § 708.

Other administrative remedies: — assistance under writ, 6 Am J2d Assist § 1; quo warranto or proceeding in the nature of quo warranto, Casey v McElrath, 177 Ga 35, 169 SE 342; and receivership. Prudential Securities Co. v Three Forks, H & N.V.R. Co. 49 Mont 567, 144 P 158. [2]

1. Remedies that provide types of relief not obtainable in an ordinary action at law or equitable action.  EXAMPLES: certiorari; mandamus; quo warranto. [3]

Related Terms:

extraordinary writs – issued by a court exercising unusual or discretionary power; used for providing extraordinary remedies. — aka (historically) prerogative writs.

writ of mandamus – issued to compel performance of a particular act by a lower court or a governmental officer or body, usually to correct a prior action or failure to act.

writ of habeas corpus – command that a prisoner (or detainee or probatee) be brought before the court to challenge the legality of their custody and demand their release. — aka great writ.

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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