Remedies

Question 1

Torts compensatory damages

Answer 1

compensate for P’s harm & typically includes general damages and special damages

Question 2

General (noneconomic) damages

Answer 2

compensate for physical harm

Question 3

Special (economic) damage

Answer 3

compensate for out of pocket expenses

Question 4

Hedonic loss

Answer 4

compensate for loss of enjoyment of life

Question 5

Emotional distress damages

Answer 5

compensation for IIED or emotional distress that is ancillary to physical harm

Question 6

Nominal dmgs

Answer 6

Trivial monetary award where harm is slight

Question 7

Punitive dmgs

Answer 7

Punish D who engaged in serious misconduct w/ improper state of mind (e.g., malice). constitutional limitation of 9:1 ratio (compensatory dmgs to punitive dmgs) & D’s ability to pay

Question 8

Injunctive relief

Answer 8

Court order directing a person to act or refrain from acting

Question 9

Temporary Restraining Order (TRO)

Answer 9

Goal is to preserve the status quo pending a preliminary injunction hearing, does not require notice to D or an opportunity to be heard and is limited to 14 days federal (15 days CA).

Question 10

Elements of TRO

Answer 10

P must demonstrate 1) irreparable harm (no legal remedy), 2) P’s hardship outweighs D’s and 3rd parties (balancing), AND 3) P’s likelihood of success on merits.

Question 11

Preliminary injunction

Answer 11

Goal is to preserve the status quo pending trial, requires notice to D and D’s opportunity to be heard.

Question 12

Elements of preliminary injunction

Answer 12

P must demonstrate 1) irreparable harm (no legal remedy), 2) P’s hardship outweighs D’s and 3rd parties (balancing), AND 3) P’s likelihood of success on merits.

Question 13

Permanent injunction

Answer 13

granted after P has won the case to prevent violation of P’s rights or to restore to P rights that have been violated

Question 14

Elements of permanent injunction

Answer 14

1) P succeeded on merits, 2) irreparable harm (no legal remedy), AND 3) P’s hardship outweighs D’s and 3rd parties (balancing).

Question 15

Restitution damages from conscious wrongdoer

Answer 15

P entitled to all D’s gains derived from D’s wrongful taking

Question 16

Restitution damages from innocent/negligent D

Answer 16

P only entitled for direct benefit derived from use of P’s property

Question 17

Constructive trust (equitable)

Answer 17

Judicially created remedy that imposes duty to convey specific property to P if D would be unjustly enriched by retaining it

Question 18

Elements of constructive trust

Answer 18

P must show 1) D holds title to the property, 2) D’s retention would unjustly enrich D, AND 3) money damages inadequate

Question 19

How is tracing used for constructive trusts or equitable liens

Answer 19

P can trace D’s use of P’s money to purchase of property that P can obtain through constructive trust, UNLESS D transferred title of property to a 3rd party BFP in which case P can only get proceeds of sale to 3rd party BFP

Question 20

Constructive trust is the better option between it and equitable lien if the property’s value has

Answer 20

Increased, b/c P can obtain a property’s increased value through a constructive trust

Question 21

Equitable lien

Answer 21

Forced sale of D’s property and P receives money derived from sale

Question 22

Elements of equitable lien

Answer 22

P must show 1) D holds title to the property, 2) D’s retention would unjustly enrich D, AND 3) money damages inadequate

Question 23

Equitable lien is the better option between it and constructive trust if the property’s value has

Answer 23

Decreased, b/c P cannot obtain a property’s increased value through an equitable lien

Question 24

Purchase money resulting trust

Answer 24

When one party purchases property and obtains title, but another party supplies all/some of the consideration, the court imposes resulting trust on the purchasing party who is considered a trustee holding pro rata interest in property for the party that supplied consideration

Question 25

Replevin

Answer 25

when D takes P’s personal property, P may pursue replevin action to order D to return it and obtain damages for loss of use

Question 26

Ejectment

Answer 26

P may bring CL ejectment action demonstrating title of land to regain possession of land held by another, and P may recover damages for loss of use & any harm to the land