Equity & Family Court (Delaware) Flashcards
Overview: Equity Cases - Multiplicity of Lawsuits
The Court of Chancery may have jurisdiction if the plaintiff would have to bring numerous actions at law to obtain relief.
Overview: Equity Cases - Unique Property (Real v. Personal)
Money damages may not be adequate when the property in dispute is unique. All personal property is unique, while only some personal property qualifies as unique.
Overview: Equity Cases - Speculative Damages
If the amount of money damages would be too speculative or otherwise difficult to calculate, a court may say that an equitable remedy is appropriate.
Overview: Areas Committed to the Chancery Court
1) Fiduciary rights and obligations (corporate law)
2) Trusts and Estates
3) Rights, appointments, and obligations of guardians
4) Covenants and restrictions
5) Charges of fraud or mistake
6) Enforcement of arbitration awards
Overview: Clean Up Doctrine
If the court has jurisdiction from equity, it can decide ALL ISSUES in the case, including monetary damages.
Equitable Defenses: Laches + Elements
Unreasonable delay by the plaintiff.
Elements:
1) KNOWLEDGE of the claim,
2) an UNREASONABLE DELAY in asserting the claim, and
3) PREJUDICE
Equitable Defenses: Laches - Relationship to Statute of Limitations
If there is an analogous action at law, the court will treat the statute of limitations as PRESUMPTIVELY BINDING
Equitable Defenses: Unclean Hands
If the plaintiff is guilty of inequitable conduct DIRECTLY RELATED TO THE LAWSUIT, the court may refuse to grant the plaintiff relief.
Equitable Defenses: Equitable Estoppel (Elements) + Waiver + Ratification
The party seeking relief acted INCONSISENTLY with the relief sought. The elements are as follows:
1) the Plaintiff has been SILENT, despite being able to speak and prevent the harm
2) Plaintiff KNEW silence would be detrimental to the other side, and
3) Plaintiff’s silence created an EXPECTATION or RELIANCE that caused PREJUDICE to the other side.
Waiver - Party waives right to equitable remedy
Ratification - Impermissible action has been ratified by a corporation
Injunctions (In Personam v. In Rem)
Injunctive relief is appropriate ONLY to prevent harm that is imminent, unspeculative, and genuine. Court of Chancery has EXCLUSIVE JURISDICTION over injunctions.
IN PERSONAM means the injunction is directed against specific parties, while IN REM means it is directed against or with reference to the subject matter in controversy and all whom it may concern
Injunctions: Substantive Classification Types + Standard Difference
Mandatory Injunctions and Prohibitory Injunctions
The standard for obtaining a MANDATORY injunction is SUBSTANTIALLY HIGHER than for a prohibitory injunction
Injunctions: Substantive Classification - Mandatory Injunctions
An order that COMPELS the defendant to PERFORM A CERTAIN ACT
Injunctions: Substantive Classification - Prohibitory Injunction
An order telling defendant NOT TO DO SOMETHING
Injunctions: Classifications Based on Timing - Temporary Restraining Order (TRO) + Elements + Security Bond
A TRO may be issued EX PARTE and LASTS 10 DAYS (less than federal 14 days). The elements are as follows:
1) A COLORABLE CLAIM (plausible)
2) IMMIDEIATE IRREPERABLE HARM, and
3) BALANCE OF HARDSHIPS (does harm prevented outweigh harm of granting TRO)
To obtain a TRO or PRELIMINARY INJUNCTION, you MUST POST A SECURITY BOND to indemnify costs of the other side if it turns out the injunction was wrongly granted
Injunctions: Classifications Based on Timing - Preliminary Injunction + Factors + Weight of Factors
This is meant to preserve the status quo until the court makes a final decision on the merits, ISSUED BEFORE A FULL TRIAL ON THE MERITS, BUT AFTER THE COURT HAS HEARD FROM BOTH SIDES
In considering a preliminary injunction, the court will look at the following factors:
1) LIKELIHOOD OF SUCCESS on the merits (higher than TRO, which is just colorable claim)
2) IRREPERABLE INJURY
3) BALANCE OF HARDSHIPS
A strong demonstration as to one element MAY OVERCOME a marginal demonstration of another
Injunctions: Classifications Based on Timing - Permanent Injunction + Elements
A permanent injunction is issued AFTER A FULL TRIAL ON THE MERITS. A party must show:
1) Victory (success on the merits)
2) Irreparable injury
3) Balance of hardships
Equitable Conflicts: Nuisance (Public v. Private) + Private Nuisance (Per Se v. In Fact)
Public - A property owner operating on a parcel is engaged in an OFFENSE AGAINST PUBLIC POLICY (e.g., house of prostitution)
Private - A SUBSTANTIAL INTERFERENCE with the plaintiff’s ability to enjoy their own property
For Private Nuisances Per Se - this involves an INTRINSICALLY HAZARDOUS ACTIVITY
For Private Nuisances In Fact - these activities are generally appropriate, but the operation in this particular location substantially interferes with another’s use and enjoyment of their land.
Equitable Conflicts: Nuisance - Coming to the Nuisance Doctrine + Right to Farm
The court will be heavily influenced to side with the property that was ORIGINALLY THERE, and a property owner COMING TO THE NUISANCE will be given less deference
In Delaware, NO NUISANCE recovery if Plaintiff moves to a farm OPERATING FOR AT LEAST ONE YEAR
Equitable Conflicts: Trespass and Encroachment - Money Damages
A court is more likely to permit money damages for buildings that encroach onto another’s property
Equitable Conflicts: Trespass and Encroachment - Mistake v. Intent
A mistaken encroachment is likely to end in monetary damages, but if intentional it is more likely to grant an injunction
Equitable Conflicts: Covenants Not To Compete
The chancery court will enforce REASONABLE IN GEOGRAPHIC AND TEMPORAL SCOPE, covenants not to compete, meaning it serves a LEGITIMATE INTEREST and is NOT UNDULY BURDENSOME
Equitable Conflicts: Unjust Enrichment
Involves a defendant who has been enriched at the expense of the claimant WITHOUT JUSTIFICATION and there is no available remedy at law.
Equitable Conflicts: Restitution
Requires the defendant to pay the plaintiff a sum of money that the defendant has acquired under circumstances deemed unjust enrichment or unfair windfall
Equitable Conflicts: Rescission
Results in the cancellation of an agreement and attempts to return the parties to the status quo
Types of Contempt
1) Summary Contempt
2) Civil Contempt
3) Criminal Contempt
Contempt: Summary Contempt
A tool used to discipline a lawyer, witness, or party that ENGAGES IN MISBEHAVIOR IN THE COURTROOM
Contempt: Civil Contempt
A court can hold someone in contempt for FAILING TO FOLLOW A COURT ORDER and then issue a fine, put the person in jail, or do both.
Contempt: Criminal Contempt
Criminal punishment for disobedience that has ALREADY OCCURRED.
Contempt: Collateral Bar Rule
You MUST obey a court order, EVEN if it is wrong
Family Court: Civil Jurisdiction
The Family Court has civil jurisdiction over:
1) Dependent, neglected, or abused children,
2) Delinquent children,
3) Divorce or annulment,
4) Child custody and support, and
5) Protection from abuse
Family Court: Criminal Jurisdiction
The Family Court has criminal jurisdiction over:
1) Abuse of a minor
2) Nonfelony offense against another family member,
3) Misdemeanor nonsupport cases
4) Unlawful sexual contact,
5) Violations of protective orders
Family Court: Transfer to Superior Court
A Family Court MAY TRANSFER to superior court if:
1) the child isn’t amenable to the Family Court’s rehabilitative process,
2) the child has previously been found delinquent of one or more offenses that would have been a felony if charged as an adult, and
3) the child is at least 16 and is charged with specified crimes (i.e., third degree rape, first degree arson, drug trafficking)
Family Court: Divorce - Jurisdiction + Long Arm
So long as ONE PARTY has resided in Delaware for AT LEAST 6 MONTHS, Family Court would have jurisdiction.
The Court can acquire jurisdiction over the other party: 1) by issuing a summons, 2) based on appearance by the respondent, or 3) based on appearance by respondent’s attorney
Family Court: Divorce - Automatic Preliminary Injunctions
Once one party files for divorce, a preliminary injunction AUTOMATICALLY BECOMES EFFECTIVE AGAINST BOTH PARTIES. This prevents either party from transferring assets, incurring debts, disturbing the peace, and removing children from Delaware.
Family Court: Custody - Best Interest of the Child
In all custody disputes, the court will focus on what is BEST FOR THE CHILD and look at ALL RELEVANT FACTORS
Family Court: Custody - Modification
A court order setting custody and visitation schedules CANNOT BE MODIFIED FOR 2 YEARS, unless the change is necessary to avoid the child’s physical or emotional well being
Family Court: Protection From Abuse - Timing (Emergency v. Nonemergency)
Emergency orders must be heard WITHIN 10 DAYS from filing, and non-emergency matters must be heard within 30 DAYS.
Chancery Court: Filing of Affidavit
Complaints in the Chancery MUST be filed by an affidavit.
Chancery Court: Are Jury Trials Available?
No, jury trials are not available in Chancery Court, except for VERY LIMITED CIRCUMSTANCES
