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Simple English definitions for legal terms

election of remedies

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A quick definition of election of remedies:

Term: Election of Remedies

Definition: When someone does something wrong, the person they hurt can choose how they want to be helped by the law. They can either get back what was taken from them or get money to replace it. They can't get both. This is called the election of remedies. If someone chooses one way to be helped, they can't change their mind and ask for the other way. This is to make sure they don't get too much help for one problem.

A more thorough explanation:

Election of remedies is the act of choosing between inconsistent remedies allowed by law on the same set of facts. The purpose of this act is to prevent double recovery for a single wrong.

For example, if someone steals something from you, you have two options for remedies:

  • You can choose to have the stolen item returned to you.
  • You can choose to be compensated with the equivalent amount of money.

However, you cannot choose both remedies. You must choose one or the other.

The election of remedies doctrine is a doctrine of estoppel. This means that if a party has two co-existing but inconsistent remedies and elects to pursue one remedy to a conclusion, they may not sue for the other remedy.

For example, if someone chooses to have the stolen item returned to them and the case is settled, they cannot then sue for compensation with the equivalent amount of money.

However, if there is no inconsistency among multiple remedies, the doctrine is not applied. For example, if someone chooses to have the stolen item returned to them and then seeks further relief, the doctrine is not applied.

Overall, the election of remedies is an important concept in law that ensures fairness and prevents double recovery.

elder law | election under the will

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17:41
@LawIsForPeasants: ok, sorry, I will not bother u while u 'self validate yourself in the corner' my bad.
@llama: im self validating so hard rn
17:42
@KnowledgeableRitzyWasp: thats very ithica of you, wasp.
texaslawhopefully
17:44
@KnowledgeableRitzyWasp: Out of curiosity, since you're in law school and prolly know fedsoc people, how conservative do you think you have to be to be in fedsoc? Like is a david french sort of conservative fairly common in it, or is it the maga type people mainly
i dont interact with any fedsoc people, but i dont know any maga people at cornell. but the student body overwhelmingly leans left, so i think they might not be comfortable showing that theyre conservative if that makes sense?
one time a guy kind of crashed out about masks in conlaw
but that's the most ive seen
texaslawhopefully
17:47
Yeah, that does make sense. I would like to join fedsoc, but I'm also, clearly, very opposed to Trump and where the GOP has gone.
if you join fedsoc and go for clerking and eventually become a judge. you will be pinholed into maga politics as long as maga is the predominant conservative stance
Idk if @irishdinosaur is online but congrats on UCLA!!
next you will say you want to be the first black kkk grand wizard
@SaddestPortlander: tysm!!!!
texaslawhopefully
18:00
yes congrats irishdinosaur! that's incredible
18:03
@IrishDinosaur: you inspire me and my completely misguided cope that I might ever get into UCLA
Super big congrats irish!!!
Also pretty much agree with Wasp. I think it’s more about getting the political/judicial position as a Fedsoc member that will likely require a stance siding with whatever the conservative majority party is at that time.
texaslawhopefully
18:07
Yeah, that's fair. I guess I need to think about it more assuming I start law school in the fall. I really want to clerk and that seems like the best option.
BUT i think once you get the position, you’ll have more leeway in making decisions more liberally. Sort of like how ACB and Gorsuch sometimes swing left after being portreayed in the media as far right (not sure if that was actually the case though).
From the perspective of someone who interned at the White House, I will add that my bosses always told me to “be careful about my resume.” Don’t want to align with any org that doesn’t fit your values because you won’t be trusted by the other side until you show them you’re legit again, and word travels in DC.
texaslawhopefully
18:10
I mean I highly highly doubt I'll become a federal judge, it's more just about getting a leg up in getting opportunities in the first place
Not sure how that true that is in practice and sorry for the long messages💀
texaslawhopefully
18:10
And, yeah, that's fair. Right now my resume probably looks like it's from someone who is center-right
Honestly, it just depends on your values. If you ever see yourself being a dem member in any capacity, then MAYBE stay away. But like you just said, there’s a possibility to look moderate with the right WE post law school.
texaslawhopefully
18:12
Yeah, that's true as well. As a side note, it's very cool you interned with the white house, I know those internships are incredibly hard to get
Dkk
18:12
A lot of conservativism right now is also just be as aggressive and unwilling to compromise in decision making right now because the left is out there in lets appeal to 1% of the population land so proposals brought to the table by them are 1, insane and 2, all or nothing proposals with no compromise.
Dkk
18:12
It's a bad time to be partisan really in any way.
I had to apply 4 times and got off the WL so I barely got it. It was a cool exp but def not any work crazier than you would see on capitol hill or any political org imo.
texaslawhopefully
18:14
It def looks great on your resume though
Yeah thats why i did it😂 it was a crazy time bcuz i had to commute from 2 hrs away since i was paying rent in madison and i couldnt afford another apt in DC
Never again.
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