Identify and discuss the various remedies: Certiorari, Mandamus, Prohibition, Injunction,  Damages, Restitution, Declaration, Habeas corpus.

Identify and discuss the various remedies: Certiorari, Mandamus, Prohibition, Injunction,  Damages, Restitution, Declaration, Habeas corpus.

Certiorari is a latin term that means "to be informed of." Certiorari is the means by which a higher court orders a lower court to deliver to it a case record for review of the lower court's decision. Certiorari is most commonly associated with the process used by the US Supreme Court to review decisions of federal and state appellate courts on a petitioner's application. Some state appellate courts also use the term "certiorari" to reference the review of lower appellate or trial court decisions. Other state appellate courts have adopted different procedures or label the application for appeal to the court differently.

Mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. The purpose of mandamus is to remedy defects of justice. It lies in the cases where there is a specific right but no specific legal remedy for enforcing that right. The 13th section of the act of Congress of Sept. 24, 1789, gives the Supreme Court power to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed or persons holding office, under the authority of the United States. One example of mandamus is a trial court judge fails to rule on a motion that he is required to decide. If the appellate court agrees that the judge is obligated to rule on the motio

n, but has failed to do so, then the appellate court might issue a writ of mandamus.

Step-by-step explanation

Prohibition the act of officially not allowing something, or an order. Examples are; New York City has announced a prohibition on smoking on buses. The environmental group is demanding a complete prohibition against the hunting of whales. It's my feeling that the money spent on drug prohibition would be better spent on information and education.

Injunction is an order by a court to one or more of the parties in a civil trial to refrain from doing, or less commonly to do, some specified act or acts (the former kind of injunction is called prohibitory or preventive, the latter mandatory). In addition, An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. A suit for injunction is a very common and effective remedy against any mischief played by a third-party. All the civil courts are empowered to issue injunctions. An injunction may be issued for and against individuals, public bodies or even State.

Damages in contract law can be defined as a sum of money paid to the innocent party in compensation for a breach of contract. In other words damages is the sum of money which the law awards or imposes as a pecuniary compensation, a recompense, or satisfaction for an injury done or a wrong sustained as a consequence either of a breach of a contractual obligation or a tortious act.

Restitution is full or partial compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation. When the court orders an offender to pay restitution, it is ordering them to pay back the damage caused, both to the state and to the victim(s). The court orders restitution in all cases and does not consider the offender's ability (or inability) to pay when the order is made. Examples of restitution might include a shoplifter who is ordered to repay a store owner for the cost of a stolen item, or an assailant who must pay for their victim's medical expenses after a violent assault. In homicide cases, restitution can even cover funeral costs.

 Declaration is a written statement submitted to a court in which the writer swears 'under penalty of perjury' that the contents are true. That is, the writer acknowledges that if he is lying, he may be prosecuted for perjury. Declarations are normally used in place of live testimony when the court is asked to rule on a motion.

A typical declaration sets forth the factual assertions of the person signing it (called the declarant) and ends with a statement worded like this one: 'I declare under penalty of perjury that the foregoing is true and correct, and would be my testimony if I were in a court of law.' The date and place of signing are usually included. A declaration is a specification, in a methodical and logical form, of the circumstances which constitute the plaintiff's cause of action. In real actions, it is most properly called the count; in a personal one, the declaration. The latter, however, is now the general term; being that commonly used when referring to real and personal actions without distinction.

Habeas Corpus literally means "to have a body of". This writ is used to release a person who has been unlawfully detained or imprisoned. By virtue of this writ, the Court directs the person so detained to be brought before it to examine the legality of his detention. Recorded as a legal borrowed word by the 1460s in English, habeas corpus literally means in Latin "you shall have the body," or person, in court, and a writ is a formal order under seal, issued in the name of a sovereign, government, court, or other competent authority.

These various remedies are connected to each other.