Remedies

Question 1

Enforcement of Equitable Relief

Answer 1

• court doesn’t have police or direct resources to enforce rulings
• claimant gets doc called a judgment -> enforcing it can lead to further proceedings
• if def fails to comply, conduct could lead to civil or criminal contempt proceedings

Question 2

Declaratory Relief

Answer 2

• when a party wants clarification of the law as applied to the particular facts
• can be coupled w/ requests for other relief (including damages or injunction)

Question 3

Types of Damages

Answer 3

• compensatory damages
• nominal damages
• punitive damages

Question 4

Compensatory Damages

Answer 4

• seek to return plaintiff to position he/she enjoyed prior to the harm

Question 5

Nominal Damages

Answer 5

• direct a token amount to signify recognition of the harm

Question 6

Punitive Damages

Answer 6

• further monetary relief designed to deter future wrongful conduct and to express public disapproval of the injuring behavior
• usually left to the jury to assess, based on the “gravity of the wrong and the need to deter similar wrongful conduct”
• pl usually needs to show def acted egregiously (usually requires malice or reckless or callous indifference)

Question 7

Jury Determinations and Punitive Damages

Answer 7

• reviewed by appellate + trial courts for reasonableness
  Debate over modern jury awards of punitive damages:
• reformers argue increasing in frequency, amounts, + unpredictability
• others argue problems overstated + reflect faulty generalizations from outliers

Question 8

SCOTUS and Punitive Damages

Answer 8

• SCOTUS has reviewed punitive damage awards in a number of cases + found them excessive + a violation of due process
• main issue in many of these cases = proportionality of punitive damages to compensatory damages
• see notes for specific cases

Question 9

Settlement

Answer 9

• vast majority of cases settle before trial
• settlement = contract -> subject to laws governing contracts
• occurs when pl agrees to abandon legal claim in exchange for payment or other relief by defendant

Question 10

Percentage of Cases Going to Trial

Answer 10

• Federal Court - 98% no trial

- state court - 96% no trial

Question 11

Factors Impacting Whether Settlement Reached

Answer 11

• depends on estimated likelihood of winning - the greater the difference between parties’ expectations, the less likely to settle
• judgment amounts - if size of judgment increases, more likely to go to trial b/c differences in probability estimates matter more (prob. of winning gets multiplied by judgment -> means higher judgment exacerbates any difference in expectations)
• larger legal expenses means greater chance of settlement (counteracts point above)
• risk aversion leads to increased chances of settlement (also counteracts above - more at stake means more likely to settle)

Question 12

Concerns Regarding Settlements

Answer 12

• possible imbalance of bargaining power - interests of party may not be well-represented, + party may be misinformed
• defendant may seek settlement to avoid publicity of trial (corresponding concern that confidential settlements conceal public harm)
• some cases may settle b/c parties don’t want to publicize true value of case