What are the remedies for civil actions?
In Montana, remedies for civil actions are divided into two categories: legal and equitable. Legal remedies are those available in court and involve the awarding of money damages to the successful plaintiff (the party who brings the lawsuit). These legal remedies may include compensatory damages (damages that compensate the injured party for actual losses suffered) and/or punitive damages (damages intended to punish the defendant for malicious or reckless behavior). Equitable remedies, on the other hand, are remedies other than money that are available only through a court order. These may include an injunction (an order by a court to stop a certain activity), specific performance (an order to compel an individual to perform their contractual obligations), and/or declaratory relief (an order from the court to provide a declaration of the rights of the parties involved). Usually, equitable remedies are used when the legal remedies are insufficient or if the court believes that money damages are not enough to make the injured party whole. In addition, some states including Montana recognize the right to self-help or the taking of private action when the court is not available, or if a lawsuit would be impractical or too costly. This type of remedy may include repossession of personal property, or the eviction of a tenant who has breached the terms of a lease agreement. Ultimately, the remedies available to civil action plaintiffs in Montana are determined by the facts of the case, the applicable state law, and the court. A court may award damages, order equitable relief, or both, depending on the circumstances of the case.
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