Extraordinary and declaratory relief

Question 1

Master

Answer 1

Reference to a master is only appropriate in exceptional cases where complex work needs to be done. They usually have specialized knowledge. In recent times, they have been used for school desegregation and prison reform.

have power to:
hold hearings
Make determinations of law and fact
Make evidentiary rulings
Conduct investigatios
Verify accounts
Determine value of property
Sanction parties who don't appear at hearings

Question 2

Accounting

Answer 2

An audit to determine who has what property and how much is owed to a plaintiff.

Question 3

Receiver

Answer 3

Appointed in cases where the dissipation of funds seems likely. Must still show a likelihood of success on the merits and irreparable harm.

Question 4

Quia Timet Relief

Answer 4

“Because he fears.” This is used when a plaintiff suspects imminent harm but has not yet suffered an injury.

Requires:

1) Proof of imminent danger; and
2) proof that if the feared damage occurs, then it will be very substantial or irreparable (no adequate remedy at law).

Should be used when: fear of a prospective injury, fear of injury to property rights, and to prevent invasion to rights.

Question 5

Bill of peace

Answer 5

Two kinds of BoP: to prevent a multiplicity of suits and to prevent vexatious occurrence of litigation.

All that’s needed is common questions of law and fact, a common bond not arising to the level of privity. No need for common community interest.

Very similar to an equitable class action or joinder of persons needed for just adjudication.

Factors to weigh in deciding to exercise jurisdiction:

1) the real and substantial convenience of all parties;
2) the adequacy of the legal remedy;
3) the situations of the different parties;
4) the points to be contested; and
5) the result which would follow if jurisdiction should be assumed or denied.

Question 6

Bill to quiet title

Answer 6

Person must have title and be in possession.

Requires:

1) Be in possession of property;
2) be disturbed in possession by repeated actions at law; and
3) must have established right by successive judgments.