Remedies

Credit Hours:
3
Instructor(s):

M. Clark Spoden

Requirements:
Third Year

Remedies class is a mixture of substantive law and procedure. Substantively, the class covers the four major types of remedies, common law damages, equity and injunctive relief, restitution, and ancillary remedies such as contempt, collection, and attorney fees. Remedial defenses and the right to jury trial in civil cases are also topics that are covered. In order to understand the potential remedies a court might issue, students must also grasp the basics of the underlying substantive law such as torts and contracts. Particular attention is given to when equitable remedies maybe available, including the procedural requirements for injunctive relief. Students are introduced to restitution with particular emphasis on unjust enrichment and constructive trusts. The class also provides a basic introduction to the process of collecting judgments. Throughout the course, the practical issues that often confront lawyers and litigants are reviewed and discussed.