Legal remedies

“ Nonetheless, because we conclude that the remedy respondents seek has none of the attributes that must be present before we will find an exception to the general rule and characterize damages as equitable, we find that the remedy sought by respondents is legal. ”

“ If this is a correct view of the case, it is plain that the only equitable remedy applicable to it is a bill for relief from the condition, or for specific performance. Both of these remedies, as we have seen, have been lost by the laches of the complainant. ”

“ I can find no authority for the broad claim that the 'right of a common-law remedy' extends to any and all means other than proceedings in rem which may be employed to enforce rights or redress injuries, including remedies in pais as well as proceedings in court, those conferred by statute as well as those existing at common law. ”

“ For the present I will confine myself to the point we are treating just now, namely, the existence of a higher law than that of human tribunals, the superiority of the claims of natural to those of legal justice. ”

“ For a long time those in protection of the legal and medical professions have been on the statute-books, if not always in force. But, as always happens, these bad precedents have been used as arguments in favor of the plumbers, barbers, dentists, druggists, and other trades and professions. ”

“ And thus much for these extrajudicial remedies, as well for real as personal injuries, which are furnished by the law, where the parties are so peculiarly circumstanced, as not to be able to apply for redress in the usual and ordinary methods to the courts of public justice. ”

“ It derives, indeed, no small revenue from this disgraceful source, not only to the injury of the regular members of the profession, but to the imminent danger of the community also. In legal matters, no man can give you advice without being duly licensed to do so; but in medicine and surgery any man may prescribe the most deadly poison, or amputate a leg without the least authority, and, unless death result from his temerity, without being amenable to any penalty. ”

“ Applicable Remedies.— The remedies applicable to individuals who demonstrate a violation of a provision of sections 101 through 105 shall be such remedies as would be appropriate if awarded under paragraph (1) or (3) of section 107 (a) . ”

“ See 28 U.S.C. § 1491.↑ Professor Davis states that 'probably every court requires exhaustion (of administrative remedies) when the question presented is one within the agency's specialization and when the administrative remedy is as likely as the judicial remedy to provide the wanted relief.' 3 Administrative Law 56-57. ”

“ In non-English European systems care is taken to prevent civil remedies from being extinguished by punishment: it is quite usual for the civil and criminal remedies to be pursued concurrently, the individual appearing as partie civile and receiving an award of compensation by the judgment which determines the punishment to be inflicted for the offence against the state. ”

“ The existence of a remedy for wrongful death has become almost a postulate of our legal system, though the remedy was generally provided by legislation rather than by the decisional law. It is against this background that the federal law must look for an appropriate remedy to enforce its duties in a complete and rational way. ”

“ Common-law remedies in cases of tort, as given in common-law courts, and suits in personam in the admiralty courts of this country, bear a strong resemblance to each other in respect to parties, and the effect of a recovery by the injured party against one or all of the wrong-doers, and the extent of redress to which in innocent party is entitled against the wrong-doer. ”

“ Or who shall treat or offer to treat any disease or disorder, mental or physical, or any physical deformity or injury, by any system or method, or to effect cures thereof, and charge therefor, directly or indirectly, money or other compensation.' By § 14 any person practising medicine in violation of the act is punished by fine and imprisonment, and is not to recover anything for the services rendered. ”

“ There are many Laws that are like Medicaments, that are alter’d and give Place according to the Circumstances, and that with the Approbation of the Physicians themselves, who, if they should at all Times make Use of the Remedies the Antients prescribed, would kill more than they cure. ”

“ Some knowledge of the generative system is absolutely necessary, in order to understand the nature of the offences, and the numerous inquiries connected with abortion, concealment of the birth, infanticide, violation, and others.
And I need scarcely insist on the importance of an acquaintance with that system that presides over and regulates all the others, and which, in the derangement of its highest function, gives occasion to some of the most difficult and important investigations in medico-legal practice. ”

“ It should be a matter of serious consideration for our lawmakers, administrators and judiciary, however, as to what extent the performance of the occasional medical vampire should be made a basis for the legal or administrative control of the honest practitioner, and to what extent he should be enveloped by legal and administrative restrictions, the innocent and unconscious violation of whose technicalities may at any time be made a basis for criminal procedure. ”

“ Rep. 87, 43 N. Y. S. 832; Cohen v. N. Y. Mutual Life Ins. Co., 50 N. Y. 610, 625, 10 Am. Rep. 522. Nor is it essential that only established and generally recognized forms of remedy should be invoked. ”

“ The viciousness of the instruction in question lies in its tendency to lead the jury to infer that the legal standard of ordinary care was raised by the circumstances recited, thus making possible the inference that a great but undefined extent of care was required, whereas all that the law exacted was the ordinary care which the situation demanded, or such care as it is to be assumed that an ordinarily prudent man would exercise in the circumstances, were the risk his own. ”

“ There is no fixed standard in the law by which a court is enabled to arbitrarily say in every case what conduct shall be considered reasonable and prudent, and what shall constitute ordinary care, under any and all circumstances. The terms 'ordinary care,' 'reasonable prudence,' and such like terms, as applied to the conduct and affairs of men, have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. ”

“ In such circumstances as those presented here, the long-recognized common-law rule permitted no recovery; the decisions to this effect 'rest upon the elementary principle that mere mental pain and anxiety are too vague for legal redress where no injury is done to person, property, health, or reputation.' Cooley, Torts, 3d ed. ”

“ The physician may contract to cure, and may make the cure a condition precedent to receiving any reward for his services or medicaments, and a breach of such a contract will be enforced by the courts as a bar to an action for services rendered or medicines furnished. ”

“ All courts shall be open, and every person, for an injury done to him in his person, property or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay. ”

“ Ordinarily, where it is competent for the court to grant the relief sought, and it has jurisdiction of the subject-matter, the objection of the adequacy of the remedy at law should be taken at the earliest opportunity and before the defendant enters upon a full defense. ”

“ Penalty.—Violation of the act is a misdemeanor, punishable with a fine of from $100 to $500, or imprisonment in the county jail from thirty to ninety days, or both.
Definition.—Any person is regarded as practising within the meaning of the act who appends “M.D.” or “M.B.” to his name, for a fee prescribes medicine, operates in surgery, attends in obstetrics, or recommends for the use of any sick person the use of any drug or medicine or other agency of treatment, cure, or relief of any wound, fracture, or bodily injury or disease, as a physician or surgeon (ib., s. 7) . ”

“ Let me now give an example to show the practical importance, for the decision of actual cases, of understanding the reasons of the law, by taking an example from rules which, so far as I know, never have been explained or theorized about in any adequate way. I refer to statutes of limitation and the law of prescription. The end of such rules is obvious, but what is the justification for depriving a man of his rights, a pure evil as far as it goes, in consequence of the lapse of time? ”

“ Let the law be as follows:—He who by the use of poison does any injury not fatal to a man or his servants, or any injury whether fatal or not to another's cattle or bees, is to be punished with death if he be a physician, and if he be not a physician he is to suffer the punishment awarded by the court: and he who injures another by sorcery, if he be a diviner or prophet, shall be put to death; and, if he be not a diviner, the court shall determine what he ought to pay or suffer. ”

“ Fifty years ago this court pointed out the essential relationship between rights and remedies. Von Hoffman v. City of Quincy, 4 Wall. 535, 552, 18 L. Ed. 403. 'Nothing can be more material to the obligation than the means of enforcement. Without the remedy the contract may, indeed, in the sense of the law, be said not to exist, and its obligation to fall within the class of those moral and social duties which depend for their fulfilment wholly upon the will of the individual. ”

“ In regard to property, the remedy for injuries lies against the immediate perpetrators, who may be sued, and cannot shelter themselves under any imagined immunity of the government from due responsibility. ”

“ When it is regarded by the law as an iniquitous disease, and provided for by the law with a curative punishment, then will the community at large be afforded a relief which might also effect the recovery of the victim. ”

“ So jealously does the law guard the lives and persons of the people, that every time the physician writes a prescription, or the surgeon makes an incision, he takes his purse, his liberty, or, perhaps, his life in his hand. The risk is not all on the part of the patient, despite a popular impression that the only pocketbook likely to be depleted or the only life liable to be sacrificed is that of the sick man. ”

“ In the exercise of that power and to satisfy a public need, a state may choose the remedy best adapted, in the legislative judgment, to protect the interests concerned, provided its choice is not unreasonable or arbitrary, and the procedure it adopts satisfies the constitutional requirements of reasonable notice and opportunity to be heard. ”

“ A finding that a specific federal remedy trumps a more general federal remedy may be appropriate in certain circumstances, but that conclusion is a far cry from a presumption that a general state remedy invariably trumps a specific federal one. ”

“ There are numerous cases where a contract incapable of enforcement for want of a remedy, or because there is some obstruction to the remedy, can be so aided by legislation as to become the proper ground of a valid action; as in the case of a physician, practicing without license, who was forbidden to compel payment for his service by suit. ”

“ I will use all ways of medical treatment that shall be for the advantage of the sufferers, according to my power and judgment, and will protect them from injury and injustice. Nor will I give to any man, though I be asked to give it, any deadly drug, nor will I consent that it should be given. ”

“ An action may protect a right in three ways, namely, by preventing the violation of it, by compelling a specific reparation of it when it has been violated, and by compelling a compensation in money for a violation of it. The term “remedy” is strictly applicable only to the second and third of these modes of protecting rights; for remedy literally means a cure,—not a prevention. As commonly used in law, however, it means prevention as well as cure; and it will be so used in this paper. In equity the term “relief” is commonly used instead of “remedy;” ”

“ Governments, both national and state, and even municipal, make laws for protection against articles, such as powder, or glycerine, from accidents resulting from negligence, where no intention exists to cause an injury. ”

“ The principle, that the law will furnish a remedy to a party injured by the neglect or non-performance of a duty imposed on an individual by statute, where the statute itself furnishes no remedy, is too familiar and well established to need the support of authorities. If the statute which imposes a new duty also provides a particular remedy, that remedy is usually the only remedy the injured party has. ”

“ There is also a penalty provided against any one who “shall have occasioned the illness or incapacity for personal work of another, by the voluntary administration, in any manner whatever, of substances which, without being of a nature to cause death, are injurious to health.” ”

“ PUBLIC HEALTH, LAW OF. State medicine as an organized department of administration is entirely of modern growth. By the common law of England the only remedy for any act or omission dangerous to health was an action for damages or an indictment for nuisance. ”

“ It had long been a source of the most poignant regret to the philanthropic observer of the ills and afflictions incident to human nature, that the benign system of medical jurisprudence, designed originally for the alleviation of human suffering, had been so dilatory and uncertain in its operation, and so fatally ill adapted to the eradication of numerous diseases from the human frame, as to effect only a partial accomplishment of its beneficent purpose. ”

“ All law, says the utilitarian, implies 'sanctions'—motives equally operative upon all members of society; and, as the last resort, so far as criminal law is concerned, the sanction of physical suffering. ”