{"id":11655,"date":"2017-12-28T01:08:02","date_gmt":"2017-12-28T01:08:02","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=11655"},"modified":"2018-03-16T18:27:43","modified_gmt":"2018-03-16T18:27:43","slug":"relief-the-objective-of-an-action-proceeding-or-motion-an-award-of-damages-or-a-judgment-decree-or-order-requiring-an-adversary-to-perform-as-directed-or-to-refrain-from-specified-conduct","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=11655","title":{"rendered":"relief – an award of damages or a judgment, decree, or order requiring an adversary to perform as directed or to refrain from specified conduct"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Section 3:<\/a>\u00a0Which form(s) of relief are you seeking from the court to help remedy the situation?<\/em><\/a>:<\/span>
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relief<\/span>:<\/span><\/strong><\/span><\/p>\n

1. The<\/span> redress<\/a> or benefit, especially equitable in nature<\/span><\/strong> (such as an injunction or specific\u00a0performance)<\/strong>, that a party asks of a court.<\/strong> \u2014 aka<\/span>\u00a0remedy<\/em><\/strong><\/span>. [1]<\/span>
\n<\/span><\/p>\n

1. The objective of an<\/span> action<\/a>, proceeding, or<\/span> motion<\/a>; an award of<\/span> damages<\/a> or a judgment, decree, or<\/span> order<\/a> requiring an adversary to perform as directed or to refrain from specified conduct.\u00a0 As defined in the Federal Administrative Procedure Act: \u2014 the whole or part of any agency<\/span><\/strong><\/span><\/p>\n

(1) grant of money, assistance, license, authority, exemption, exception, privilege or remedy;
\n(2) recognition of any claim, right, immunity, privilege, exemption, or exception; or
\n(3) taking any\u00a0other action upon the application or petition of, and beneficial to, any person. 5 USC \u00a7 1001(f). <\/span><\/strong><\/span><\/p>\n

Public aid to persons who are destitute and unable to support and maintain themselves. <\/span>41 Am J1st Poor L \u00a7\u00a7 13 et seq<\/span>. <\/span><\/strong><\/span><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0 Anciently called \u201crelevium,\u201d \u2014 an incident to every feudal tenure, by way of fine or composition with the lord for taking up the estate, which was lapsed or fallen in by the death of the last tenant.\u00a0 Although reliefs originated while feuds were only life estates, they continued after feuds became hereditary, and hence were justly regarded as one of the heaviest grievances of tenure; especially when they were, as at first, merely arbitrary and at the will of the lord; so that if he demanded an exorbi<\/span>tant relief, the heir was disinherited.<\/strong>\u00a0 See<\/span> 2 Bl Comm 65<\/strong><\/span>.<\/span><\/p>\n

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\u00a0\u00a0\u00a0\u00a0 \u201cThe relation of the heriot to the relief has been one of the chief battle-fields on which the light of different theories of the early law has been waged. The date of the origin of the heriot has been material only as bearing upon this; and most of those who have studied the subject do not doubt their identity, or at least that it was upon the “plan of the heriots that the Norman Conqueror fashioned his plan of relief, as Blackstone says.<\/span>\u201d<\/span><\/strong> (Cf. 2 Bl Comm 423<\/strong>.) See Hammond\u2019s Blackstone.
\n<\/em>See poor person<\/em>; welfare<\/em>. [2]<\/span><\/span><\/p>\n

1. A person’s object in bringing a lawsuit; the function or purpose of a<\/span> remedy<\/a>.<\/span><\/strong><\/span><\/p>\n

2. Public assistance.<\/strong><\/span><\/p>\n

3. The lessening or alleviation of pain, oppression, or other distress.<\/strong> [3]<\/span><\/p>\n

Various Classifications of Relief:<\/span><\/strong><\/p>\n

affirmative relief<\/span><\/a> – a court order requiring the losing party to act in a specified manner or desist from specified conduct, or relief sought by a defendant by raising a counterclaim or cross-claim that could have been maintained independently of the plaintiff\u2019s action.<\/strong>
\n<\/span><\/p>\n

alternative relief<\/span><\/a> – a request, in a pleading<\/a>, asking for both specific performance<\/a>, and damages that would be averted by specific performance<\/a>.<\/strong> \u2014 aka prayer for alternative relief<\/span><\/strong><\/em>. Fed. R. Civ. P 8(a)<\/a><\/strong>.<\/strong><\/span><\/p>\n<\/div>\n

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coercive relief<\/span> –<\/strong> (1886) Judicial relief, either legal or equitable, in the form of a personal command to the defendant that is enforceable by physical restraint. <\/strong>[1]
\n<\/span><\/p>\n

declaratory relief<\/span><\/a> – request a court to determine the legal status or ownership of a thing.<\/strong>
\n<\/span><\/p>\n