Types of Remedies

Question 1

What is the remedies analysis schema?

Answer 1

Step 1: Establish the Right. R
Step 2: Did the Defendant violate that Right? V
Step 3: What is the appropriate remedy? (equitable / legal) A
Step 4: What should be the scope of the remedy? S
Step 5: How should the remedy be enforced. E

R.V.A.S.E.

Question 2

What is damages?

Answer 2

Damages compensate for losses. Money serves as a substitute to make the plaintiff whole.

Question 3

What is equity?

Answer 3

Equitable remedies can force the defendant to do or not do something. The court has discretion for equitable remedies.

Question 4

What is restitution?

Answer 4

Forcing the defendant to digorge any ill-gotten gains, e.g., unjust enrichment.

Question 5

What are declaratory remedies?

Answer 5

These remedies determine what each parties rights are without the court actually awarding damages.

Question 6

What is the PLAINTIFF’S rightful position?

Answer 6

This is the position the plaintiff would have been in had the defendant never violated the law.

Question 7

What is the DEFENDANT’s rightful position?

Answer 7

The position the defendant would have been in absent the violation.

Question 8

Equitable Remedies

Answer 8

Matters of equity only have a bench trial (no jury trials).

Three are three types of equitable remedies:

1. Injunctions;
2. Specific Remedies; and
3. Restitution

I.S.R.

Question 9

Legal Remedies

Answer 9

May have a RIGHT to a jury trial.

There are three types of legal remedies:

1. Damages;
2. Restitution in Land; and
3. Restitution in Money

Question 10

When do you have a right?

Answer 10

You have a legal right only when the statute says you do.