This course examines how a litigant obtains relief after establishing his or her substantive right. A successful court outcome, however, requires more than just demonstrating a violation of a substantive right; a plaintiff must also establish the basis for (and availability of) any desired relief (or remedies) in a particular litigation context. Thus this course is a unique combination of substance and procedure that focuses on the declaration and enforcement of rights, compensation for past violations of rights, and prevention of future threatened harms. This course will draw upon principles from many disciplines usually studied in the first year of law school. This course will explore, simultaneously, the practical and theoretical aspects of this multi-faceted field of study, unifying themes and problems with relief across many substantive areas of law such as torts, contracts, and property while focusing upon the important “bottom line” for parties in litigation. In other words, what good is establishing a litigant’s right to relief if an appropriate or desired remedy is not otherwise available? Both equitable and legal remedies are examined. Equitable relief issues include restitution, rescission, specific performance, and, most important, injunctive relief. The course also looks at how damages are proven, how they are computed, how payments may be structured, and how damage judgments are enforced. Finally, other areas important to the study of remedies including the availability of nominal damages, declaratory relief, jury trial rights, attorneys’ fees and the distinction between substantive restitution and remedial restitution will also be examined.
Current & Previous Instructors:
|564D (CRN: 25649) Credits: 3|
Spring, 2013 (Day).
Tues: 2:10-4:10 Thurs: 2:10-3:05.