VI. Specific Requirements: Other Non-Monetary Remedies

Question 1

Declaratory Judgment

Answer 1

• Must have an actual controversey involving unsettled rights
• Relief Available: power to declare:
  
  • rights or obligations of party
  • nature of legal relation
• Petitioner does not need to show present monetary harm
• Have right to jury trial which is renderdd in the form of interogatory answers

Question 2

Constructive Trust and Equitable Lien

Answer 2

• Available when plaintiff’s property has been misappropriated
• CONSTRUCTIVE TRUST: (D is trustee of property and must convey title to P) Title to the Plaintiff’s property is taken MUST HAVE:
  
  • 1) title in defendant’s hand
  • 2) unjust enrichment if continues to hold property
  • 3) inadequacy of remedy
    
    • e.g. defendant’s insovlency or proving replevin not enough
  • may also be placed on any wrongfully acquired property
  • Defense can be that it was transferred to a bona fide purchaser w/out notice
• EQUITABLE LIEN: (Can foreclose property once put on it) requires property to be appropriated
• Will more closely scrutinize transactions b/w close relatives

Question 3

Subrogation

Answer 3

• involves substitution of a 3P as plaintiff in the place of the victim
• When available:
  
  1. P paid loss to the victim
  2. P paid the obligation of a 3P
  3. Plaintiff discharged a lien
• Only avaialble to property rights, not avilable to volunteers (e.g. can for car damage not medical bills)

Question 4

Ne Exeat

Answer 4

• Type of civil arrest warrant that bars a preson or property from leaving hte jurisdiction
• Issues to the following petitioners:
  
  • joint obligor who are equally responbile
  • persons under disability
  • remainder man
  • mortgagees
  • Holder of the equity of redpntion
  • Those would be irreperably harmed
• Those seeking to have it removed may post bond
• those seeking it may have to post bond

Question 5

Quia Timet

Answer 5

• Clear and quite title to land
• Two types of actions:
  
  • 1) CONVENTIONAL (dispute over who has title
  • 2) ALL THE WORLD
• object is to obtain marketable title

Question 6

Interpleader

Answer 6

• Two types
  
  • Statutory Interpleader (any court of record)
  • Equitable INterpleader (superior CT)
• hodler of a debt or property that is exposed to liability may file interpleader to determinat identity nad interest of all personi in connection therewith
• Defenses:
  
  • adeqaute remedy exists at law
  • collusion
  • funders were not paid into court
• E.g. two women claim they were married to same man and deserve life insurance policy. Life insurance company has interpleader to determine true wife

Question 7

Bill of Peace

Answer 7

• Used to:
  
  • 1) confirm previously established right
  • 2) avoid a mulitplicity of actions
• Typically enforced in injunction
• relatively obsolete b/c now in procedure rules