class 1

Question 1

remedy

Answer 1

a remedy is the benefit the P obtains through a lawsuit- the way to make the P whole. for every legal wrong, there is a corresponding remedy

Question 2

substitutional remedy

Answer 2

one that is intended to replace what a P has lost (money)

Question 3

specific remedy

Answer 3

one that gives the P exactly what the P would have had, or would have obtained, if the legal wrong had not been committed (specific performance or injunction)

Question 4

declaratory remedy

Answer 4

one that declares the rights of the parties or defining the legal relationship of the parties without awarding damages or ordering any specific action

Question 5

historical perspective; legal v. equitable

Answer 5

separate courts, procedures and remedies. merged into one civil action federally and in most state ji’s with some substantive distinctions that are still in place.
some jx’s keep them mostly separate (Delaware, Mississippi, Tennessee, New Jersey, Arkansas and South Carolina

Question 6

legal remedies

Answer 6

the award of damages/money. the goal is to place the P in the position the P would have been in but for the legal wrong. money is used to erase the consequences of the legal wrong to the P. categories include nominal, compensatory, and punitive. most legal relief is substitutionary.

Question 7

equitable remedies

Answer 7

the award of non-monetary solution. the goal is to place the P in the fairest position under the circumstances. this is a court-ordered relief for the P that is used when ordinary legal remedies-such as damages (money)- are considered inadequate. Most equitable relief is specific. typically, specific performance, injunction, restitution, etc.

Question 8

adequate legal remedy

Answer 8

money can be given to replace the item sought because the item is sought is readily available on the open market.

Question 9

legal remedies: generally

Answer 9

D ordered to pay money, principle of making whole, proof and jury trials, court judgment and enforced by lien

Question 10

equitable remedies: generally

Answer 10

D ordered to do or not do something, principle of fairness, discretion and judge determined, court order, requiring someone to do something, enforced by contempt of court

Question 11

writ of execution

Answer 11

legal remedy: D fails to pay a money judgement, the P must file a separate action to execute on the judgement. the sheriff seizes and sells D property

Question 12

motion for contempt

Answer 12

equitable remedies: if the D fails to comply with a court order, the P files a motion for contempt- for money payment for failure to comply or jail.

Question 13

purposes of tort damages

Answer 13

place the P in as favorable of a position as they were before the tort occurred. promote justice by providing compensation. place the cost on the wrongdoer, not the V and not society, deterrence for others; motivate others to act reasonably.

Question 14

how torts damages are limited

Answer 14

proximate cause and defenses

Question 15

3 torts damages categories

Answer 15

physical injury, real property, personal property

Question 16

nominal damages

Answer 16

symbolic, just acknowledging the P has a claim even if there really is no damage.
rare- usually in trespass to land when no actual damage is done when someone enters the land.

Question 17

compensatory damages

Answer 17

substitutionary damages- actual damages are damages for harm that can be provided to have occurred, either tangible or intangible.

Question 18

economic (special)

Answer 18

objectively provable monetary losses
monetary loses that have a specific value associated with them. able to be quantified, medical bills, and medical expenses. lost wages or loss of earnings, future lost earning capacity, property damage, out-of-pocket expenses.

Question 19

non-economic (general)

Answer 19

subjective, non-monetary damages
monetary compensation that is not associated with a specific monetary value.
very difficult to quantify, pain and suffering, loss of companionship, loss of consortium, mental anguish, loss of quality of life, emotional distress, disfigurement or impairment

Question 20

direct damages

Answer 20

damages from the tort itself (cost of repair, cost of replacement, medical bills)

Question 21

consequential damages

Answer 21

damages for losses that occur as a result of the tort (lost profits, lost wages)

Question 22

cause-in-fact

Answer 22

but for, substantial factor, alternative liability theory

Question 23

proximate cause

Answer 23

foreseeable P and type of harm, manner of harm and extent of harm.

Question 24

eggshell P

Answer 24

D takes the P as they find them

Question 25

pure economic loss

Answer 25

may not recovered for pure economic loss. there must be some kind of physical impact that leads to physical injury or property damage.

Question 26

certainty of damages

Answer 26

certainty in fact and certainty in amount. the more certain in fact, the more relaxed the court will be in certainty in amount.

Question 27

unavoidable

Answer 27

the P must make reasonable efforts to mitigate their damages and cannot recover for damages that are reasonably avoidable.
avoidable consequences doctrine and pre-accident precautions

Question 28

affirmative defenses can limit damages

Answer 28

contributory negligence, comparative fault, assumption of the risk. credit for benefit rule