Terms Used In Maryland Code, COURTS AND JUDICIAL PROCEEDINGS 10-4A-08

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Subpoena: A command to a witness to appear and give testimony.
(a) Except as provided in § 10-4A-04(d) of this subtitle, a provider of electronic communication service, subscriber, or customer aggrieved by a knowing or intentional violation of this subtitle may recover appropriate relief in a civil action against the person or entity that engaged in the violation.

(b) In a civil action under this section, appropriate relief includes:

(1) Appropriate preliminary and other equitable or declaratory relief;

(2) Damages under subsection (c) of this section; and

(3) A reasonable attorney’s fee and other litigation costs reasonably incurred.

(c) The court may assess as damages in a civil action under this section the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation, but in no case shall a person entitled to recover receive less than $1,000.

(d) A good faith reliance on any of the following is a complete defense to any civil or criminal action brought under this subtitle or any other State law:

(1) A court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or

(2) A good faith determination that § 10-402(d) of this title permitted the conduct that is the subject of the action.

(e) A civil action under this section shall be filed within 2 years after the day on which the claimant first discovered or had a reasonable opportunity to discover the violation.