Equity

Front 1

What are options for challenging decree?

Back 1

--Motion to modify/vacate/suspend decree must be done within 21 days
--Bill of Review

Front 2

When can motion to vacate/modify/suspend decree be filed and for what cause?

Back 2

--Within 21 days
-- Any reason

Front 3

When can bill of review be filed?

Back 3

--Within 6 months
--Error of Law
--Newly discovered Evidence (material not discovered with due diligence)

Front 4

In broad terms, what is required before equitable relief will be granted

Back 4

--Legal Remedy is inadequate
--Equitable remedy is feasible

Front 5

How do you determine if an equitable remedy is feasible?

Back 5

Court must have jurisdiction over property/land at issue
Court must be able to supervise compliance

Front 6

How to determine if legal remedy is inadequate

Back 6

--Unique subject matter (real estate)
--Damages too speculative
-- Defendant is insolvent
--Multiple law suits would be required
-- Irreparable harm

Front 7

What are requirements for Temporary Injunctive Relief?

Back 7

--Irreparable harm unless status quo maintained
--Reasonable probably of success on merits
--Public interest not adversely affected

Front 8

Requirements for Specific Performance for Contracts

Back 8

--General Requirement
--Valid Contract Exists
--Includes Material Terms of Deal
(Consideration, Duties or Performance Required, Period of Performance)
--Mutuality of Remedy Exists

Front 9

When will time of the essence provision NOT prevent specific performance?

Back 9

Slight delay
Other party suffered no injury on delay
Extreme hardship if contract invalidated
It is waived by other party

Front 10

What is Mutuality of Remedy and what does it apply to?

Back 10

Applies to specific performance of contracts and requires that both parties are capable to perform and be bound.

Front 11

When will a court order specific performance for a contract involving non-compete contract?

Back 11

--Must be in employer's legitimate interest
--Must reflect employee's right to a livelihood
--Must reflect sound public policy
-- The contract must include activities prohibited, geographic limit and reasonableness of duration

Front 12

What is a trade secret?

Back 12

confidential and not otherwise available information that gives a competitive advantage

Front 13

Requirements for Restitution?

Back 13

Defendant obtained benefit from plaintiff and
plaintiff expected recompense and
defendant should have known that

Front 14

What are the two main equitable defenses?

Back 14

Unclean Hands (plaintiff engaged in improper conduct proximately related to transaction of suit
Laches (Plaintiff waited an unreasonable amount of time before filing suit and caused unfair prejudice to defendant)

Front 15

What is the standard to prove fraud?

Back 15

Clear and Convincing Evidence

Front 16

What are the elements of proving fraud as a Defendant?

Back 16

1) Party made a knowing misrepresentation of present fact
2) Party sought reliance by the other party on the misrepresentation