General

Question 1

Three general requirements for obtaining equitable relief?

Answer 1

Legal remedy must be inadequate

Equitable remedy must be feasible

Hardships must balance in P’s favor

Question 2

Why are violations of constitutional rights subject to equitable relief?

Answer 2

They cannot be exchanged for or mitigated with money

Irreparable injury is presumed

Question 3

Why are wrongs involving bodily harm, emotional injury, or disturbance of peaceful enjoyment subject to equitable relief?

Answer 3

Money cannot fully compensate or reverse

Question 4

For equity to be feasible, it must be able to . . .

Answer 4

Prevent and or repair the harm

Question 5

How does equity normally enforce its decree?

Answer 5

By holding the non-complying party in contempt.

Question 6

Because equity enforces its decree through contempt, what must be true of D?

Answer 6

He must be accessible to the court.

Question 7

Injunctions are normally available for what three situations/wrongs?

Answer 7

Continuous trespass to land

Conversion of a unique chattel (including land)

Where damages are inadequate

Question 8

Injunctions are SOMETIMES available to prevent this or eliminate that

Answer 8

Prevent waste or destruction of property

Eliminate a nuisance

Question 9

A prophylactic injunction requires that D intend to engage in some prohibited act. What is not enough?

Answer 9

Mere possibility.

Question 10

A system-wide injunction requires proof of what?

Answer 10

System-wide harm

Question 11

Are courts likely to grant injunctive relief for a one-time injury that is unlikely to happen again? Case?

Answer 11

No. (LYONS – chokehold case)

Question 12

If a problem could reoccur, but it is unlikely, the court will dismiss as ____ moot.

Answer 12

Equitably

Question 13

If a problem has been fixed and is very unlikely to reoccur, the case is ____ moot

Answer 13

Constitutionally

Question 14

Three categories of people bound by an injunction decree?

Answer 14

Parties

Parties’ agents and employees who receive notice; and

Third parties acting in concert or collusion with parties (after receiving notice)

Question 15

Only ____ nuisances are enjoinable.

Answer 15

Private

Question 16

A trespass must be ______ to permit injunctive relief

Answer 16

Continuous

Question 17

For which type of waste will the court refuse to grant injunctive relief? Exception?

Answer 17

Ameliorative.

Maybe historical significance? Seems like significance to the community at large

Question 18

Enforcement of fraudulent obtained judgments can only be enjoined if the fraud was ______ ( e.g., bribing a judge).

Answer 18

Extrinsic

Question 19

Who may be enjoined in a trade secret situation? (2)

Answer 19

The person who wrongfully took it

The person who intends to use it.

Question 20

What is the name of legal remedy used to recover specific property that has been wrongfully taken or detained.

Answer 20

Replevin

Question 21

If equity is feasible, as whether the equitable decree would have what effect on the D?

If the answer is yes, the ______ must be weighed against the benefit that will be obtained by the P. Balance must tip in P’s favor.

Answer 21

Impose an undue burden

Hardship

Question 22

When will a court NOT balance the hardships and simply find for P?

Answer 22

When D’s conduct was willful.

Question 23

Elements of laches defense? (2)

Answer 23

P has unreasonably delayed AND

Delay is prejudicial to D

Question 24

The defense on unclean hands is available if P is charged with improper conduct with respect to . . .

Answer 24

The same transaction involved in the litigation

Question 25

General rule is that court will/won’t enjoin a crime.

Why?

Answer 25

Won’t

Crime doesn’t exist until a judge or jury has determined the guilt of a d.

Question 26

Way to get around the problem of the general rule that courts won’t enjoin crimes?

Answer 26

Classify it as a tort (if possible).

Question 27

To obtain specific performance, P must show 5 things:

Answer 27

A k exists

The P has performed or is ready, willing, and able to perform.

The legal remedy is inadequate

Enforcement is feasible

There are no defenses available to D.

Question 28

Before a k can be specifically enforced, it needs to be supported by . . .

Answer 28

Consideration

Question 29

For what sort of contracts is there never SP?

Answer 29

Personal services contracts

Question 30

Personal property must be _____ to compel SP.

Answer 30

Unique

Question 31

Will a remedy at law be considered inadequate when damages are speculative?

Answer 31

Yes

Question 32

For a court to enforce a covenant not to compete included in an employment contract, these 4 requirements must be met.

Answer 32

Covenant is express

Services are unique

Covenant must be reasonable (in scope and duration AND to protect a legitimate interest of the employer)

No harm to the public.

Question 33

What equitable remedy is used to prevent unjust enrichment when the wrongdoer has gained title to the property through misappropriation?

Answer 33

Constructive trust

Question 34

When will a plaintiff use an equitable lien instead of a constructive trust to prevent unjust enrichment?

Answer 34

When he doesn’t want the property, but simply wants to obtain security for monies appropriated.

Question 35

Where misappropriated money is used not to acquire property, but to improve it, P can only use . . .

Answer 35

Equitable Lien, NOT Constructive Trust.

Question 36

Will equity enjoin defamation?

Answer 36

No

Question 37

When and only when will equity enjoin libel?

Answer 37

When it is “trade libel” and enjoinment is necessary to protect business interests and the conduct amounts to unfair competition (e.g., trade libel made to induce people to break contracts or to interfere with business relationships)

Question 38

What is Pennsylvania’s position as to whether the insolvency of a D renders P’s remedy at law inadequate?

Answer 38

Penn. is reluctant to recognize the D’s financial position as relevant to inadequacy of monetary remedy. In other words, PA courts will ignore D’s financial condition in deciding whether damages are adequate.