Legal relief

“ To bar equitable relief the legal remedy must be equally effectual with the equitable remedy, as to all the rights of the complainant. Where the remedy at law is not 'as practical and efficient to the ends of justice and its prompt administration,' the aid of equity may be invoked, but if, on the other hand, 'it is plain, adequate, and complete' it must be pursued. ”

“ But, whilst we adopted as a settled principle that a legal provision of compulsory relief should be made to the able-bodied, we did not propose that it should be extended to more than the relief of indigence—the state of a person unable to labour, or unable to obtain, in return for his labour, the means of subsistence. ”

“ Limitation on prospective relief In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. ”

“ The difficulty of providing a comprehensive legislative response to all the many people with a claim for legal protection cannot, however, be justification for denying an immediate legislative remedy to those who have successfully called for the furnishing of relief as envisaged by the Constitution. Whatever comprehensive legislation governing all domestic partnerships may be envisaged for the future, the applicants have established the existence of clearly identified infringements of their rights, and are entitled to specific appropriate relief. ”

“ The guardians, by order of the local government board, may appoint assistant overseers and collectors.
The conditions of persons entitled to relief are indicated by the terms of the statute of Elizabeth. If they fall within the definitions there given they have right to relief. A fundamental principle with respect to legal relief Conditions of Relief. of the poor is that the condition of the pauper ought to be, on the whole, less eligible than that of the independent labourer. ”

“ Others, again, looked closely at the conditions, and declared roundly that it was impossible to fulfil them. A poor law authority, they said, cannot give relief which will not subject the recipients to the legal (if any) and economic disabilities attaching to the receipt of poor law relief. ”

“ Because we found that the damages sought were neither analogous to equitable restitutionary relief, Tull, 481 U.S., at 424, 107 S.Ct., at 1839, nor incidental to or intertwined with injunctive relief, ibid., we concluded that the remedy had none of the attributes required for an exception to the general rule, and thus found the remedy sought to be legal. ”

“ It is in the public interest that federal courts of equity should exercise their discretionary power to grant or withhold relief so as to avoid needless obstruction of the domestic policy of the states. ”

“ That condition not having been performed, the state has a right to ask the aid of the court in compelling its performance. And, in granting the relief asked, no right belonging to the company under the constitution or laws of the United States has been violated or withheld. ”

“ It is very clearly shown that the total failure of ordinary remedies does not confer upon the court of chancery an unlimited power to give relief. Such relief as is consistent with the general law of the land, and authorized by the principles and practices of the courts of equity, will, under such circumstances, be administered. ”

“ May not the want in most instances be inferred from the demand when the service can be proved, and may not the last days of human infirmity be spared the mortification of purchasing a pittance of relief only by the exposure of its own necessities? I submit to Congress the expediency of providing for individual cases of this description by special enactment, or of revising the act of May 1st, 1820, with a view to mitigate the rigor of its exclusions in favor of persons to whom charity now bestowed can scarcely discharge the debt of justice. ”

“ An action was brought by, and on behalf of, the ratepayers of the district against the Guardians asking for a declaration that the establishment of relief works for the purpose of providing outdoor relief for able-bodied persons during a strike was a breach of the Guardians' statutory rights and duties, and also asking for an injunction to restrain the defendants from paying for these relief works out of the common fund when there was plenty of work to be had if the men would agree to accept the wages offered. ”

“ We pass without comment the criticisms which are made of certain details of the relief plan, for neither the suggested excellence nor the alleged defects of a particular scheme may be permitted to determine the validity of the statute, which is general in its application. ”

“ Many of the men who would be included in this form of relief are now dependent upon public aid, and it does not, in my judgment, consist with the national honor that they shall continue to subsist upon the local relief given indiscriminately to paupers instead of upon the special and generous provision of the nation they served so gallantly and unselfishly. Our people will, I am sure, very generally approve such legislation. ”

“ Thus, before the sixteenth century, state and town had begun to make regulations for the relief of the poor. Some of these regulations were dictated by a desire to repress vagrants. They were closely connected with the enforcement of the labour legislation of the time, and were embodied in the same statutes, and administered by the same officials. But other provisions were due to the fact that there was a growing tendency for the state to interfere to prevent the maladministration of ecclesiastical revenues, and for non-ecclesiastical bodies to undertake the administration of charity. ”

“ Out of the funds of the Reconstruction Finance Corporation made available by this Act, the Administrator is authorized to make grants to the several States to aid in meeting the costs of furnishing relief and work relief and in relieving the hardship and suffering caused by unemployment in the form of money, service, materials, and/or commodities to provide the necessities of life to persons in need as a result of the present emergency, and/or to their dependents, whether resident, transient, or homeless. ”

“ It is, as we have said, a familiar principle governing the exercise of equity jurisdiction of federal courts that equitable relief may be invoked only when the plaintiff is without other adequate remedy. ”

“ Again, what justice is there in any law that proposes government aid to the man whose product weighs eleven pounds, or measures within certain cubic inches, and denies the same relief to another citizen and taxpayer whose product necessarily exceeds these limits? If this is not special legislation bestowing subsidy or patronage on the few at the expense of the many, then what is it? ”

“ One consequence is that the “right to relief” has been recognized in the laws of only a few of the states. That every man ought to support himself and his family is, or has been, the working social theory of Americans of all classes. They have looked with disfavour on continued subsidies and other payments which might seem to be part of a routine, preferring to provide temporary assistance when necessary, treating each case as an emergency, in the expectation that the beneficiary will soon be able to shift for himself. ”

“ For although the federal courts undeniably have the power to issue an injunction in this case, they also have the discretion to withhold equitable relief when, on the balance, the power should not be exercised. ”

“ Be this as it may, the survival of a judicial remedy under the saving clause of § 216 (j) cannot be determined on the presence or absence in the Commission of primary jurisdiction to decide the basic question on which relief depends. Survival depends on the effect of the exercise of the remedy upon the statutory scheme of regulation. ”

“ Any attorney general of a State may bring a civil action in the name of such state as parens patriae on behalf of natural persons residing in such State . . . to secure monetary relief as provided in this section for injury sustained by such natural persons to their property by reason of any violation of sections 1 to 7 of this title. ”

“ We have recognized that the promise of equal justice for all would be an empty phrase for the poor, if the ability to obtain judicial relief were made to turn on the length of a person's purse. It is true that these cases have dealt with criminal proceedings. ”

“ Through hundreds of private relief acts, each Congress for many years has recognized the Government's obligation to pay claims on account of damage to or loss of property or on account of personal injury or death caused by negligent or wrongful acts of employees of the Government. ”

“ But even though Rule 57 of the Federal Rules of Civil Procedure permits declaratory relief although another adequate remedy exists, it should not be granted where a special statutory proceeding has been provided. ”

“ Relief in money produces effects equally pernicious. It is the result of the law which enables every family which is, or believes itself to be, in want, to demand a relief which cannot be refused. Small sums are given sometimes for payment of rent, sometimes to meet other wants, whether the applicant live in the parish or elsewhere—and without control or superintendence. ”

“ We do not read Ex parte Young or subsequent holdings of this Court to indicate that any form of relief may be awarded against a state officer, no matter how closely it may in practice resemble a money judgment payable out of the state treasury, so long as the relief may be labeled "equitable" in nature. ”

“ Whoever solicits or receives, or is in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose from any person known by him to be entitled to, or receiving​ compensation, employment, or other benefit provided for or made possible by any act of Congress appropriating funds for work relief or relief purposes, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both. ”

“ No fact is 209more clearly established by the history of all kinds of relief administration since 1834 than that the effect of refusing to make public provision for persons in distress is merely to lead to the provision of assistance in a rather more haphazard, uncoordinated and indiscriminate manner by private agencies. ”

“ What it is right to pay on a uniform scale should be paid entirely by the Central Government, and local outdoor relief should be restricted to its proper function of the alleviation of cases of exceptional distress after special inquiries into the individual circumstances of each case. ”

“ The rights and duties of the United States on commercial paper which it issues are governed by federal rather than local law. When the United States disburses its funds or pays its debts, it is exercising a constitutional function or power. This check was issued for services performed under the Federal Emergency Relief Act of 1935, 49 Stat. ”

“ It is from them, as a class, that the danger is feared, and they occasion the expenditure. They are all entitled to share in the relief which is provided, and the State cannot foresee which of them will require it and which will not. ”

“ It was strictly new matter arising after the filing of the bill, properly set up by way of supplemental bill, in support of the relief originally prayed for. It can in no sense be considered as a new cause of action. ”

“ The original version of what ultimately became § 32 did contain a provision for judicial relief comparable to that in § 9 (c) , not applicable, however, to property of enemy national-residents, as well as a 'sole relief and remedy' provision comparable to that in § 7 (c) -H.R. 4840, § 32 (b) , (c) , in Hearings before Subcommittee No. ”

“ This great economic measure came to the relief of a nation in which ‘one person in every seven was a pauper.’ The new law limited relief to destitution, prohibited out-door help to the able-bodied, beyond medical aid, instituted tests to detect imposture, confederated parishes into unions, and substituted large district workhouses for merely local shelters for the destitute. ”

“ The subsequent charges will be for the construction of roads and public works; the erection and support of schools; relief to destitute persons; and such other appropriations as may seem most conducive to the general welfare. ”

“ In some states in the union, no court of chancery exists to administer equitable relief. In some of those states, courts of law recognise and enforce in suits at law, all the equitable claims and rights which a court of equity would recognise and enforce; in others, all relief is denied and such equitable claims and rights are to be considered as mere nullities at law. ”

“ In the first regulation of this kind, the Ordinance of Labourers of 1349, the first step is taken towards the national control of poor relief. The proclamation restrains the liberty of the giver; the private individual may no longer give to [4] whom he chooses. It is provided that no one is to give relief to able-bodied beggars, and the ground of the prohibition is expressly stated to be "that they may be compelled to labour for their necessary living." ”

“ We, hence, in determining the relief proper to be given, may not model our action upon that granted by the court below, but, in order to enable us to award relief coterminous with the ultimate redress of the wrongs which we find to exist, we must approach the subject of relief from an original point of view. ”

“ This conclusion is reached by reading the two paragraphs of subsection (c) as complementary rather than independent: The first paragraph identifies the subject matter of disputes that courts may entertain under the subsection and the second paragraph describes the relief that courts may grant in such disputes. That is to say, the second paragraph specifies the manner in which there shall be applied to governmental units the provisions identified by the first paragraph, i. e., a manner that permits declaratory or injunctive relief but not an affirmative monetary recovery. ”