provisional remedy


provisional remedy
A remedy of a party to an action, not intended as a means of reaching a determination and adjudication of the issue or issues, but as a means whereby the party who invokes it successfully prevents the adverse party from taking steps during the course of the action which would thwart the enforcement of a judgment obtained in the action. Not a special proceeding, but a merely collateral proceeding permitted only in connection with a regular action, and as one of its incidents. Snavely v Abbott Buggy Co. 36 Kan 106, 12 P 522. See attachment; injunction.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • provisional remedy — n. A temporary remedy given to a plaintiff to meet a present need while a lawsuit is in progress. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. provisional remedy …   Law dictionary

  • provisional remedy — noun A means of detaining in safety a person or property until a decision is made on some point in which they are concerned • • • Main Entry: ↑provision …   Useful english dictionary

  • Provisional remedy — The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur. Under United States law, FRCP 64 provides with several types of seizure (e.g. garnishment, replevin, attachment) that a… …   Wikipedia

  • provisional remedy — temporary remedy provided by the law until an issue is fully clarified …   English contemporary dictionary

  • remedy — rem·e·dy 1 n pl dies: the means to enforce a right or to prevent or obtain redress for a wrong: the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong if… …   Law dictionary

  • provisional — pro·vi·sion·al /prə vi zhə nəl/ adj 1: provided for a temporary need: suitable or acceptable in the existing situation but subject to change or nullification a provisional government provisional custody of a minor 2: of, relating to, or being… …   Law dictionary

  • provisional — Temporary; preliminary; tentative; taken or done by way of precaution or ad interim. A term of the check collection process describing payment, credit or other settlement for a check or other item when the person giving the settlement reserves a… …   Black's law dictionary

  • remedy — The means by which a right is enforced or the violation of a right is prevented, redressed, or compensated. Long Leaf Lumber, Inc. v. Svolos, La.App., 258 So.2d 121, 124. The means employed to enforce a right or redress an injury, as… …   Black's law dictionary

  • Legal remedy — Judicial remedies Legal remedies (Da …   Wikipedia

  • procedural law — Law that prescribes the procedures and methods for enforcing rights and duties and for obtaining redress (e.g., in a suit). It is distinguished from substantive law (i.e., law that creates, defines, or regulates rights and duties). Procedural law …   Universalium

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.