Also known as:reliefs · legal remedy · equitable relief
Written by attorneys · grounded in primary & secondary sources — see below
Redress or benefit that a party seeks from a court, including monetary awards, injunctions, specific performance, or other remedies that resolve a claim or restore a right.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
How it applies
Common Examples
6
Motion to Dismiss Claim
Ruby Rivera filed a complaint against her former employer alleging wrongful termination. The employer responded with a motion under Rule 12(b) asserting that the complaint failed to state a claim upon which relief could be granted. The court evaluated whether the factual allegations plausibly supported an entitlement to damages or reinstatement.
Landlord Breach of Lease
Ralph Richardson leased a residential apartment from Raven Logistics. After discovering persistent water leaks that made the unit uninhabitable, Ralph elected to affirm the lease and sought equitable and legal relief including damages and rent abatement. The court considered whether the landlord's fault entitled Ralph to those remedies while keeping the tenancy in force.
Interlocutory Injunction Request
Rowan Russell operated a small factory adjacent to Roberto Reyes's home. Rowan installed equipment that emitted constant noise and vibrations. Roberto moved for interlocutory relief to halt operations pending trial. The court weighed the potential harm to Roberto against the consequences an injunction would impose on Rowan's business.
Pleading Sufficiency Challenge
Rajesh Rao sued a supplier for breach of contract but included only conclusory statements about damages. The supplier moved to dismiss, arguing that the complaint did not plausibly show an entitlement to relief. The court disregarded the conclusory allegations and assessed whether the remaining facts supported a plausible claim for damages.
Removal Filing Deadline
Rachel Ramirez, a citizen of State A, sued Redline Automotive in state court for product defects. Redline received the complaint on March 1 and filed a notice of removal on March 25. The court examined whether the notice was filed within thirty days after receipt of the initial pleading that set forth the claim for relief.
Charitable Trust Purpose
Rocky Mountain Mining created a trust funded by corporate profits. The trust instrument directed distributions to organizations that provide food, shelter, and job training to low-income families. The court confirmed that the trust qualified as charitable because its purpose included the relief of poverty and other community-beneficial objectives.
Common questions
Frequently Asked
6
What must a plaintiff allege to survive a motion to dismiss for failure to state a claim upon which relief can be granted?+
The plaintiff must plead well-pleaded factual allegations that plausibly give rise to an entitlement to relief. Conclusory allegations are disregarded, and the remaining facts must make the claim plausible rather than merely possible.
Supporting sources
When may a defendant assert defenses to a claim for relief by motion rather than in a responsive pleading?+
A party may assert certain defenses, including lack of subject-matter jurisdiction, lack of personal jurisdiction, and failure to state a claim, by motion before pleading if a responsive pleading is required.
What forms of relief are available to a tenant when a landlord breaches obligations under a residential lease?+
A tenant may affirm the lease and obtain equitable and legal relief, including recovery of damages and abatement of rent, when the breach is due to the landlord's fault.
Supporting sources
What factors does a court consider when deciding whether to grant interlocutory relief in a tort case?+
A court evaluates the threat of irreparable harm to the plaintiff, the consequences the relief may have on the defendant, the probability of success on the merits, and the public interest.
Supporting sources
How does the timing requirement for filing a notice of removal relate to a claim for relief?+
The notice must be filed within thirty days after the defendant receives the initial pleading that sets forth the claim for relief, or within thirty days after service of summons if the pleading has already been filed.
Supporting sources
What purposes qualify a trust as charitable under the Uniform Trust Code?+
A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, governmental or municipal purposes, or other purposes beneficial to the community.
Supporting sources
to the plaintiffs on the so-called "separate but equal" doctrine announced by this Court in Plessy v. Ferguson , 163 U.S. 537. Under that doctrine, equality of treatment is accorded when…
barring the city from using the Landmarks Law to impede the construction of any structure that might otherwise lawfully be constructed on the Terminal site, and damages for the “temporary…
by an application to the Board.[^maj-1] Indeed, appellant's counsel makes no claim that the failure to seek a variance was due to anything other than a deliberate decision to forgo the…
Civil ProcedurePretrial procedures · Preliminary injunctions and temporary restraining ordersUBEIntermediate