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LSDefine

Simple English definitions for legal terms

waiver by election of remedies

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A quick definition of waiver by election of remedies:

Waiver by Election of Remedies: This is a defense that comes up when someone who is trying to get something they want asks for two different things that can't both happen. If they choose one of those things, they can't ask for the other thing anymore. It's like choosing between two toys - once you pick one, you can't have the other one.

A more thorough explanation:

Definition: Waiver by election of remedies is a defense that arises when a plaintiff seeks two inconsistent remedies and chooses one of them, thereby waiving the other.

Example: A person who has been wrongfully terminated from their job may choose to either sue for damages or seek reinstatement. If the person chooses to sue for damages, they are waiving their right to seek reinstatement. This is because the two remedies are inconsistent with each other.

Explanation: In the example given, the person who was wrongfully terminated has two options for seeking redress. They can either sue for damages, which would compensate them for the harm caused by the termination, or they can seek reinstatement, which would restore their employment. However, these two remedies are inconsistent with each other. If the person chooses to sue for damages, they are essentially saying that they do not want to be reinstated. This is because if they were reinstated, they would not have suffered any harm and would not be entitled to damages. By choosing one remedy, the person is waiving their right to the other.

waiting clerk | waiver hearing

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RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
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