Pa. Cons. Stat. » 42 Pa. Cons. Stat. (JUDICIARY) / Chapter 51
Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5101 (2026)

 Remedy to exist for legal injury.

✓ current as of May 2026
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PART VI

ACTIONS, PROCEEDINGS AND OTHER

MATTERS GENERALLY

 

Chapter

51.  Preliminary Provisions

53.  Bases of Jurisdiction and Interstate and International Procedure

55.  Limitation of Time

57.  Bonds and Recognizances

58.  Forfeiture of Assets

59.  Depositions and Witnesses

61.  Rules of Evidence

62.  Uniform Unsworn Declarations Act

62A. Protection of Victims of Sexual Violence or Intimidation

63.  Juvenile Matters

64.  Court-ordered Involuntary Treatment of Certain Sexually Violent Persons

65.  Habeas Corpus

66.  Prisoner Litigation

67.  Protection from Abuse (Repealed)

67A. Recordings by Law Enforcement Officers

68.  Forfeitures

69.  Particular Rights and Immunities

70.  Ignition Interlock Devices (Repealed)

 

Enactment.  Part VI was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.

 

 

CHAPTER 51

PRELIMINARY PROVISIONS

 

Sec.

5101.  Remedy to exist for legal injury.

5101.1. Venue in medical professional liability actions.

5102.  Place and form of filing applications for relief.

5103.  Transfer of erroneously filed matters.

5104.  Trial by jury.

5105.  Right to appellate review.

5106.  Change of venue.

5107.  Service of process.

5108.  Imprisonment for debt.

5110.  Limited waiver of sovereign immunity (Repealed).

5111.  Limitations on damages (Repealed).

 

Enactment.  Chapter 51 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.

§ 5101.  Remedy to exist for legal injury.

Every person for a legal injury done him in his lands, goods, person, or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay.

(Sept. 28, 1978, P.L.788, No.152, eff. imd.; Oct. 5, 1980, P.L.693, No.142, eff. 60 days)

 

Cross References.  Section 5101 is referred to in section 5102 of this title.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1978–2026 · leading case: Brungard v. HARTMAN, 405 A.2d 1089 (Pa. Commw. Ct. 1979).
Sort: Relevance Newest Treatment
Brungard v. HARTMAN, 405 A.2d 1089 (Pa. Commw. Ct. 1979). · cites it 2× “42 Pa. C.S. §5101 (b). Section 5(b) (1) of Act 152.”
In the Interest of Lilley, 719 A.2d 327 (Pa. Super. Ct. 1998). “See 42 Pa.C.S. §§ 5101, 5102, Pa.R.A.P. 341(a) and 501.”
Plastipak Packaging, Inc. v. DePasquale, 75 F. App'x 86 (3rd Cir. 2003). “42 Pa. Cons.Stat. § 5101, et seq. 2 . When, as in the instant case, the credibility of the most relevant witness, DePasquale, is at issue, a district court should be reluctant to overrule the decisions of the jury.”
Chul Kim v. Est. of Heinzenroether, 390 A.2d 874 (Pa. Commw. Ct. 1978). “See also Section 5101(a), 42 Pa. C.S. §5101(a) : (a) General rule. — Every person for a legal injury done him in his lands, goods, person, or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay.”
In Re Swamp Road in Wayne Twp., 859 A.2d 528 (Pa. Commw. Ct. 2004). “, citing 42 Pa.C.S. § 5101(d)(1). We review for error of law, abuse of discretion .”
Nevada v. Hall, 440 U.S. 410 (1979). · cites it 2× “But as States have begun to waive their rights to immunity in their own courts, it was only to be expected that the privilege of immunity afforded to other States as a matter of comity would be subject to question. Similarly, as concern for redress of individual injuries has…”
In re: Appeal of E. Sciulli ~ From Decision of City of Philadelphia Tax Review Bd. ~ Appeal of: E. Sciulli (Pa. Commw. Ct. 2026). “at 8-9 (quoting 42 Pa.C.S. § 5101; Pa. Const. art. I, § 11; U.”
McGonigle v. Currence, 7 Pa. D. & C.4th 321 (1988). “§102; appeal from appointive judicial office is specified in 42 Pa. C.S. §5101(a)(3); appointive judicial officer includes arbitrators (42 Pa.”
Commonwealth v. Northime, 15 Pa. D. & C.4th 74 (1992). “Perhaps more importantly and contrary to the Commonwealth’s contention that Title 42 does not require *77 a de novo appeal, 42 Pa.C.S. §5101 entitled “Right to Appellate Review” states: “(a) General Rule — There is a right of appeal under this subsection from the final order…”
— 42 Pa. Cons. Stat. § 5101(a) — 1 case
Chul Kim v. Est. of Heinzenroether, 390 A.2d 874 (Pa. Commw. Ct. 1978). “See also Section 5101(a), 42 Pa. C.S. §5101(a) : (a) General rule. — Every person for a legal injury done him in his lands, goods, person, or reputation shall have remedy by due course of law, and right and justice administered without sale, denial or delay.”
— 42 Pa. Cons. Stat. § 5101(a)(3) — 1 case
McGonigle v. Currence, 7 Pa. D. & C.4th 321 (1988). “§102; appeal from appointive judicial office is specified in 42 Pa. C.S. §5101(a)(3); appointive judicial officer includes arbitrators (42 Pa.”
— 42 Pa. Cons. Stat. § 5101(b) — 1 case
Brungard v. HARTMAN, 405 A.2d 1089 (Pa. Commw. Ct. 1979). “42 Pa. C.S. §5101 (b). Section 5(b) (1) of Act 152.”
— 42 Pa. Cons. Stat. § 5101(d)(1) — 1 case
In Re Swamp Road in Wayne Twp., 859 A.2d 528 (Pa. Commw. Ct. 2004). “, citing 42 Pa.C.S. § 5101(d)(1). We review for error of law, abuse of discretion .”
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