Remedies Flashcards
Punitive Damages Definition
In addition to compensatory damages, in certain cases an injured party may be awarded a sum of money to punish the defendant for willful, wanton, or malicious conduct.
Due Process Limitation Punitive Damages
Punitive damages that are grossly excessive—unreasonably high to vindicate the state’s interest in punishment—are invalid under the Due Process Clauses.
Injunction Rule Statement
Where a remedy at law will not provie adequate relief, the plaintiff may be an injunction ordering the defendant to refrain from engaging in certain conduct or activities—prohibitory injunction—and sometimes an injunction ordering the defendant to perform a particular act—mandatory injunction—may be available.
Elements of an Injunction
- Inadequate legal remedy—damages inadquate, too specualtive, continous or numerous threats, irreparable injury, uniqueness.
- Feasability of enforcement—negative injunctions pose no feasibility problems, court can hold defendant in contempt; mandatory injunctions, problem because requires court supervision.
- Balancing of hardships—if harm to plaintiff does not outweigh harm to defendant or to the public, plaintiff will be left to a remedy of damages.
Interlocutory Injunctions Types
Purpose
- TRO–emergency order (14 day limit)
- Preliminary Injunction–granted after adversarial hearing
A court order to maintain the status quo until a full trial on the merits may be held.
Requirements for Interlocutory Injunction
Preliminary Injunction
TRO
Preliminary Injunction
- Notice of hearing to opposing party
- Posting of bond
- Irreparable injury
- Injury outweighs harm to the defendant and harm to the public interest
- Likelihood of prevailing on the merits
TRO
- Less formal notice or ex parte if moving party makes strong showing why notice should not be requred
- Posting of bond
- Irreparable injury
- Injury outweighs harm to defendant and public
- Likelihood of prevailing on the mrerits
Defamation Possible Remedies
- Monetary Damages
- Injunctive Relief Sometimes
- Declaratory Relief
Rule Regarding Injunctive Relief for Defamation
Injunctive relief is generally not available. A court of quity will not enjoin a threatened defamation becuase of the constiutional guarantee of free speech because the issuance of an injunction would constitute a prior restraint on freedom of speech.
Rule Regarding Declaratory Relief for Defamation
Declaratory relief may prove to be the best remedy for protecting a person’s reputation.
Declaratory Relief
Declaratory relief occurs where a court tells the parties what their rights and responsibilities are without awarding damages or ordering them to act or refrain from acting. In cases involving important constitutional rights, courts will step in to clarify the legal landscape.
Prima Facie Case of Defamation with Constiutional Considerations
- Defamatory language by defendant
- Of or concerning the plaintiff
- Publication to a third person
- Damage to plaintiff’s reputation
Where public figure or matter of public concern, PLUS:
- Falsity
- Fault
Presumed Damages in Defamation Cases
Constiutional Limitation
Constiutional free speech and press conditerations may restrict an award of presumed damages when the defamation involves a matter of public concern.
Defamation Damages
Actual Injury: Not limited to out-of-pocket loss. May include impairment of reputation and standing int he community, personal humiliation, and mental anquish and suffering.
If actual malice found, damages for actual injury plus:
Presumed Damages: recovery permitted under state law.
Punitive Damages
Defamation Defense of Absolute Privilege
Speaker not liable.
(1) Judicial Proceedings–statements made by judge, jurors, counsel, witnesses, or parties in all aspects of judicial proceedings where statements bears some reasonable relationship to the proceedings
(2) Legislative Proceedings–All remarks made by federal or state legislators in their official capacity during legislative proceedings are absolutely privileged.
(3) Executive Proceeding–Government executive official with respect to any statement made by her while exercising functions of her office where it has some reasonable relationship to the matter.
