Remedies

This lesson provides a basic history of equitable remedies. The student need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in courses where equity is especially relevant or to review the history of equity for use in a remedies course. 

This lesson is intended for students who have studied equity and, in particular, in personam remedies in class, and who wish to obtain a further and deeper understanding of the topic.

This lesson focuses on issues relating to injunctions against speech. It is designed for students who have studied these issues in class, and who have a strong working knowledge of the material, but who wish to further refine and develop their understanding.

This is the second lesson involving injunctions against speech. The first lesson focused on various aspects of injunctions against speech including injunctions against defamation, obscenity and related to national security.

This is the third in a series of lessons on injunctions against speech. This lesson focuses on injunctions against invasions of privacy. The lesson is intended for students who have studied this material in class and who seek to refine their knowledge.

This lesson focuses on problems related to injunctions against crimes and against criminal prosecutions. The lesson is intended for students who have studied the topic in class and seek to expand and refine their knowledge of the topic.

This lesson is one of a series on the topic of "Compensatory Damages." This particular lesson explores the differences among each of the three main types of legally-protected "interests" most commonly involved in any damages case: the expectation interest, the reliance interest, and the restitution interest. It is designed as an "Introduction" to the basic distinctions among each of these different interests, as well as a practical guide to determining when one interest should be asserted instead of another.

This lesson is intended for students who have studied irreparable injury in class, and want to expand and refine their knowledge.

One of the difficult common law issues in defamation was the distinction between libel and slander. This lesson explains the differences between the two types of defamatory statements. Material is provided on the damage requirements of both. This lesson is part of a series about defamation. One should review the lesson on Basic Issues in Defamation and Privileges before working with this exercise. After finishing this one, the exercise on Constitutional Issues in Defamation should be covered.

This lesson focuses on the problem of modifying injunctions. As we shall see, even though an injunction is labeled as "permanent," it is subject to modification or alteration. Indeed, some injunctions, even some far reaching ones, are not intended to last forever. In this lesson, we examine the standards and criteria by which courts decide whether to terminate or modify existing injunctions. This lesson is intended for students who have studied these issues in class, and wish to refine and enhance their knowledge.

This lesson covers the availability of non-economic damages; evidentiary issues in proving these damages; and issues in the argument to the jury of these damages. This lesson gives you an opportunity to explore the "how to" of non-economic damages, particularly damages for pain and suffering and mental or emotional distress. The lesson is designed for upper-level students in remedies, advanced torts, or trial practice courses. Students should have some basic knowledge of both tort law and evidence law. First-year students may find the lesson accessible by making use of the pop-up screens providing background on concepts and rules.

This lesson is a companion tutorial to "Recovery of Attorney's Fees."  This lesson reviews the policy debate over the American Rule vs. the English Rule. In this lesson, you can judge a debate regarding which approach to attorney's fees rules is better policy.

This lesson deals with the requirements for preliminary injunctive relief, and includes both temporary injunctions and temporary restraining orders. It is designed for students who have already studied this material in class, and desire to refine their understanding of the matter by applying it in various contexts.

Expense is a significant factor in any litigation. In deciding whether a judicial remedy is worth pursuing, parties must consider the cost of obtaining that remedy. The "American Rule" provides that parties to a lawsuit ordinarily pay their own attorney's fees, unless a statute or contract provides that fees can be shifted to the opponent. As it is fundamental to the litigation landscape, you may have touched on this doctrine in a number of your law school classes.

The action for restitution allows recovery in a variety of contexts when the defendant would be "unjustly enriched" if he/she were not required to pay restitution. One of those contexts is the situation in which one person acts on behalf of another in the case of an emergency situation requiring immediate action. In this lesson, we explore the parameters of an individual's right to recover restitution for providing aid to another in an emergency situation. Of course, as an inevitable incident of this discussion, we will explore situations when recovery should be denied. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.

When defendant has been unjustly enriched at plaintiff's expense, plaintiff is entitled to seek restitution. Among the rules and principles that qualify a plaintiff's right to seek restitution is the notion that a "volunteer" is not entitled to seek restitution.

This lesson is intended for students who have studied restitution in class, and who wish to expand and refine their knowledge of the topic. The lesson deals with the basics of restitution (what constitutes "unjust enrichment"), and how is it measured. Little attempt is made to deal with more sophisticated aspects of restitution such as tracing, equitable liens, constructive trusts, etc.

This lesson introduces students to the concepts of ripeness and mootness. This lesson is geared to students who have studied these concepts in class (perhaps some time ago in their constitutional law classes) and wish to delve into the subject more deeply.

This lesson reviews the process of tracing wrongfully diverted money or property through a series of exchanges. Students are expected to have a basic familiarity with in-specie remedies such as replevin and constructive trust. The lesson provides problems for students to consider practical evidentiary issues in locating and proving the identity of property and to practice the application of rules for tracing funds into and out of commingled accounts. The lesson will be most useful for review by students in remedies, debtor-creditor, or bankruptcy courses.

This lesson demonstrates how the principles of remedies are found in the UCC and provides some guidance for working with the UCC. This lesson may be run either as an introduction before the material is studied or as a review after it is studied.

This lesson explores the remedies that are available in UCC Article 2 for the Buyer when the Seller is in breach. We first examine the remedies when the Seller has the goods, and then when the Buyer has the goods. This lesson may be run either as an introduction before the material is studied or as a review after it is studied.