Judicial Remedies Flashcards
Two types of judicial remedies
Common Law Remedies
Equitable Remedies
Common Law Remedies (Legal Remedies)
primarily focused on monetary damages and the recovery of property – moving money and property from one party to another
- Compensatory, Nominal, Punitive, Liquidated
Equitable Remedies
Where common law remedies (damages) are inadequate, courts might grant Equitable Relief – which typically consists of orders to parties to take or not take certain actions
Replevin (Common Law Property Remedy)
an action to recover property that has been wrongfully taken or is wrongfully possessed
Ejectment (Common Law Property Remedy)
process by which petitioners ask courts to remove someone from property
(Ejectment and Eviction are essentially the same, with the essential difference being evictions are for leased premises and ejectments do not involve leases)
Compensatory Damages
these go to plaintiffs to compensate them for pecuniary losses resulting from the defendant’s conduct
Examples of when compensatory damages are applied
- Loss of time or money (wages, hospital bills, etc)
- Bodily pain and suffering
- Permanent disability or disfigurement
- Mental anguish (although this is probably less common than people think)
- Future losses (but not speculative losses)
Duty to mitigate
Plaintiffs who are injured must take any reasonable means to avoid or minimize damages
Benefit rule
If the defendants actions benefit the plaintiff in some way, the damages recovered by the plaintiff will be reduced proportionally
** benefit must be clear and certain – benefits that are hypothetical or ambiguous do not qualify**
Liquidated Damages
contracts will often simply specify an amount of damages due if the contract is broken
When are liquidated damage clauses enforceable?
so long as they represent a reasonable estimate of actual damages
When is a Liquidated Damage Clause valid?
- Damages in the case of breach are uncertain or difficult to compute
- The parties have agreed in advance to liquidated the damages
- The amount agreed upon is reasonable and not disproportionate to the probable loss
Nominal damages
damages that are small in value and awarded primarily for symbolic reasons
simply a recognition that the plaintiff has established their rights have been violated
not to be confused with small compensatory awards
When are nominal damages awarded?
cases where the defendant breached some duty to the plaintiff, but either didn’t cause meaningful damage or the plaintiff could not prove damages
Punitive Damages
- damages inflicted simply to punish defendants
- NOT substitutes for criminal punishment or compensatory damages
- awarded primarily to deter defendants
What are punitive damages reserved for?
Extreme, intentional malicious conduct
(Intentional Torts or Statutory Wrongs)
Injunctions
orders to parties to do an act or refrain from doing an act
Two types of injunctions
Mandatory
Prohibitory
Mandatory Injunction
compel a party to take an action
Prohibitory Injunctions
prohibit a party from taking a party from taking an action
Three classes of injunctions
Permanent
Preliminary
Temporary Restraining Orders
Permanent Injunctions
indefinite (they can be removed or altered upon new evidence or circumstances)
Come at the end of a full hearing and dispute
Preliminary / Interlocutory Injunction
an emergency measure while a lawsuit is ongoing
exist to preserve the status quo until rights can be fully established
TROs (Restraining)
- Issued ex parte – defendant is not notified and doesn’t directly contest
- ## Plaintiff must show that (1) irreparable harm would result if TRO not issued and (2) there is no time for a hearing
Specific Performance
contract remedy in which the court orders a party to fulfill their obligations under a valid contract, where monetary damages would be inadequate
When does Specific Performance apply?
a plaintiff must have already substantially performed their end of the contract, or at least be ready to perform on demand
Will courts apply specific performance for personal service?
No, they will not order one person to do work for another, as this amounts to involuntary servitude.
Clean Hands Doctrine
- A plaintiff who seeks an equitable remedy cannot have acted unethically
- Even if the defendants conduct was also unethical, and maybe even worse! Because equity offered special privileges, you cannot ask for its help unless you have been morally upright.
Hardship (Equitable Defense)
a defense to specific performance where one party alleges that the contract is so one-sided that they’re being taken advantage of – there is a gross inadequacy of consideration
Laches (Equitable Defense)
a defense similar to the statute of limitations in which the defendant argues that the plaintiff has waited so long to bring their claim to court that it presents an unfair challenge to the defendant
Restitution
the return of property from the defendant to the plaintiff
What is the aim of restitution?
compensating the plaintiff and also preventing the Defendant from receiving unjust enrichment
Unjust Enrichment
when a defendant profits from some improper action, but simply returning property to the plaintiff is inadequate
Declaratory Judgement
affirmative recognition by a court of the parties rights, obligations, duties, etc, or the constitutionality of a law when any of these are uncertain; might be paired with an injunction
Contempt Power
Failure to comply with an injunction or other equitable relief can be punished using the contempt power of the court
Examples of Contempt Power
- Fines
- Losing the right to litigate (go to law; be a party to a lawsuit)
- Jail time
Attorney Fees
The default rule in the U.S. is that each party pays for their own attorney, win or lose
Collecting
- Collecting on that judgment is often difficult, as many losing parties either cannot pay a judgment, or will take a variety of steps to try to avoid the judgment
- If the losing party doesn’t pony-up, winning plaintiffs have several options including
- Garnishment (must be filed and approved with the court) against the debtors wages or bank account
- Obtaining a lien against the debtors property
