GA REMEDIES- THEMIS OUTLINE 4 Flashcards
What is a declaratory judgment?
A party can seek a declaratory judgment in superior court to resolve an actual controversy regarding a legal right or status.
What must be present to obtain a declaratory judgment?
There must be an actual controversy that can be resolved by the judgment.
Can a declaratory judgment be sought with other types of relief?
Yes, it may be sought separately or in conjunction with other types of relief, such as damages or injunction.
What is the limitation of a declaratory judgment?
A judgment cannot prejudice the rights of a person who is not a party to the action.
What is a conversion action?
At common law, it allows a plaintiff to pursue a replevin action for the return of wrongfully taken personal property.
What is a trover action in Georgia?
A trover action encompasses replevin and detinue actions, allowing a plaintiff to seek the return of personal property or damages.
What is ejectment?
Ejectment is an action to regain possession of land held by another, requiring the plaintiff to establish title and right to possession.
What damages can be sought in an ejectment action?
Damages may include the rental value of the land and profits related to the defendant’s use, known as mesne profits.
What is the traditional rule regarding improvements made by a defendant in ejectment?
A defendant who has ousted the plaintiff is generally not entitled to compensation for improvements made to the plaintiff’s property.
What is a dispossessory warrant?
It is a statutory action to regain possession of land, often used by landlords against tenants who have failed to pay rent.
What are extraordinary writs?
They are legal remedies sought with respect to the conduct of a public officer, including mandamus, prohibition, and quo warranto.
What is a writ of mandamus?
It compels a public officer to perform a ministerial act that the officer has a clear duty to perform.
What is a writ of prohibition?
It restrains subordinate courts from exceeding their jurisdiction when other legal remedies are not available.
What is a writ of quo warranto?
It challenges the right of any person to perform the duties of a public office, except the office of governor.
What is the election of remedies rule?
A plaintiff cannot pursue a remedy that is inconsistent with a remedy already chosen.
What are inconsistent remedies?
Damages, specific performance, and restitution are usually treated as inconsistent, but a plaintiff may seek both specific performance and damages.
What is the need for the defendant’s reliance in the election of remedies?
The rule applies only when the defendant has materially changed position based on the plaintiff’s affirmation of the contract.
What is the doctrine of unclean hands?
It denies equitable relief to a plaintiff who has engaged in serious misconduct closely related to their claim.
What is laches?
It is the denial of equitable relief due to unreasonable delay in pursuing a remedy, causing prejudice to the defendant.
What is equitable estoppel?
It prevents a party from denying a representation that was made and reasonably acted upon by another party.
