MrThickRopes
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Simple English definitions for legal terms
least-intrusive-remedy doctrine
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A quick definition of least-intrusive-remedy doctrine:
The least-intrusive-remedy doctrine is a legal principle that states that when a court is deciding on a remedy for a legal issue, it should choose the solution that causes the least amount of harm or disruption to the parties involved. This means that the remedy should be appropriate and effective, but not overly harsh or punitive. For example, if a court finds that a law is unconstitutional, it may strike down only the unconstitutional part of the law, rather than invalidating the entire law.
A more thorough explanation:
The least-intrusive-remedy doctrine is a legal principle that states that a remedy should be provided to the injured party without causing undue harm to the opposing party or the legal system. This means that the remedy should be the least intrusive possible while still providing appropriate relief.
For example, if a court finds that a law is unconstitutional, it may strike down only the unconstitutional portion of the law while leaving the rest intact. This is because striking down the entire law would be more intrusive and could cause unintended consequences.
Another example is in contract law. If a contract is found to be unenforceable due to a small error, the court may choose to reform the contract rather than voiding it completely. This is because voiding the contract would be more intrusive and could cause harm to both parties.
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