Legal Definitions - festinum remedium

Festinum remedium is a historical Latin legal term that translates to "speedy remedy." It refers to a legal solution or redress for an injury that was provided quickly, without unnecessary delay, particularly in situations where prompt action was crucial to prevent further harm or injustice.

While the term itself is historical, the underlying concept of needing a swift legal resolution in urgent circumstances remains relevant in modern legal systems through various expedited procedures and emergency orders.

• Example 1: Emergency Injunction to Stop Environmental Damage

  Imagine a scenario where a construction company begins illegally clearing a protected wetland, threatening endangered species and the local ecosystem. Environmental activists and concerned citizens might immediately petition a court for an emergency injunction. This injunction would be a court order compelling the company to halt all activity immediately. This swift legal action serves as a festinum remedium because the ongoing destruction requires an urgent intervention to prevent irreversible environmental harm.

• Example 2: Temporary Restraining Order in a Domestic Violence Case

  If an individual is experiencing domestic violence and fears for their immediate safety, they can often seek a temporary restraining order (TRO) from a court. A TRO can be issued very quickly, sometimes within hours, without a full hearing, to legally prohibit the abuser from contacting or approaching the victim. This rapid issuance of a protective order is a festinum remedium, as it provides immediate legal protection to someone in imminent danger, prioritizing their safety over lengthy procedural delays.

• Example 3: Expedited Hearing for Child Custody in an Emergency

  Consider a situation where a child is found to be in an unsafe living environment due to a parent's severe neglect or abuse. Child protective services or another concerned party might petition the court for an emergency hearing to temporarily remove the child from that environment and place them with a safer guardian. The court would prioritize this case, scheduling an expedited hearing and making a rapid decision to ensure the child's immediate safety and well-being. This quick judicial intervention to protect a vulnerable child exemplifies the principle of a festinum remedium.