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Legal Definitions - extraordinary remedy
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Definition of extraordinary remedy
An extraordinary remedy is a legal solution that is not available to a party unless it is necessary to protect a right that cannot be protected by a standard legal or equitable remedy. It is a remedy that goes beyond the usual legal solutions available to a party.
Examples of extraordinary remedies include:
These remedies are not commonly used, but they are available in certain situations where a party's rights are at risk and cannot be protected by standard legal or equitable remedies.
For example, a writ of habeas corpus can be used to challenge the legality of a person's detention or imprisonment. This remedy is considered extraordinary because it is not commonly used and is only available in certain situations where a person's liberty is at risk.
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Simple Definition
An extraordinary remedy is a special type of legal solution that is only used in rare and extreme situations where a standard remedy, such as monetary damages or an injunction, cannot adequately address the problem. Examples of extraordinary remedies include writs of mandamus or habeas corpus. These remedies are not commonly used and are only granted when necessary to protect a person's rights or freedoms.
The difference between ordinary and extraordinary is practice.
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