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87 Cards in this Set

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WASTE VS. TRESPASS

_________: Committed by one who is entitled to lawful possession.
WASTE: Committed by one who is entitled to lawful possession.
_________: Committed by one who has no right to possession.
TRESPASS: Committed by one who has no right to possession.
An act harmful to the interest of one entitled to have the property preserved.
WASTE: An act harmful to the interest of one entitled to have the property preserved.
Waste arising from neglect /lack of care.
PERMISSIVE WASTE: Waste arising from neglect / lack of care.
Waste which is active or wilfull.
VOLUNTARY WASTE: Waste which is active or wilfull (as by commission of destructive acts).
Some direct injury to real property committed by a stranger.
TRESPASS: Some direct injury to real property committed by a stranger (ie. by one NOT in any privity of estate or title w/ P).
A non-physical invasion of the property of another.
NUISANCE: A non-physical invasion of the property of another.
Type of injunction where D is ordered to perform K instead of paying damages for breaching it.
SPECIFIC PERFORMANCE: Type of injunction where D is ordered to perform K instead of paying damages for breaching it.
Will equity enforce specific performance of K's for personal services?
NO!

Equity will NOT enforce specific performance of K's for personal services!
Each parcel of land is considered to be ________.
Each parcel of land is considered to be UNIQUE.
PERSONAL SERVICE K's are unenforceable in equity for 2 reasons:

(1) DAMAGES _________

(2) ____________ NOT FEASIBLE
PERSONAL SERVICE K's are unenforceable in equity for 2 reasons:

(1) DAMAGES INADEQUATE

(2) ENFORCEMENT NOT FEASIBLE
The situation in which D would not have an available equivalent remedy in his favor.

This is a ground for DENYING relief.
LACK OF MUTUALITY OF REMEDY: The situation in which D would not have an available equivalent remedy in his favor.

This is a ground for DENYING relief.
CHATTELS

A K for the sale of a chattel will NOT be specifically enforced UNLESS:

(1) It is _________; or

(2) Difficult to _________ on the market.
CHATTELS

A K for the sale of a chattel will NOT be specifically enforced UNLESS:

(1) It is UNIQUE; or

(2) Difficult to PROCURE on the market.
TRUE/FALSE:

Inadequacy of consideration alone is not a defense.
TRUE!

Inadequacy of consideration alone is NOT a defense!
A mistake common to all of the parties to a written K.
MUTUAL MISTAKE: A mistake common to all of the parties to a written K.
Mistake by one party only.
UNILATERAL MISTAKE: Mistake by one party only.
What type of fraud is this?

When D represents a material fact known by D to be false w/ the intent that P rely on such representation.
ACTUAL FRAUD: When D represents a material fact known by D to be false w/ the intent that P rely on such representation.
What type of fraud is this?

A representation of a material fact by D w/ the intent that P rely on such representation, which, unknown to D, proved to be false.
CONSTRUCTIVE FRAUD: A representation of a material fact by D w/ the intent that P rely on such representation, which, unknown to D, proved to be false.
MISTAKE

Equity provides relief from obligations undertaken by mistake on several conditions:

(1) Mistake must be _______;

(2) Mistake must relate to a matter of _______; and

(3) Mistake must be ________.
MISTAKE

Equity provides relief from obligations undertaken by mistake on several conditions:

(1) Mistake must be MUTUAL;

(2) Mistake must relate to a matter of FACT; and

(3) Mistake must be MATERIAL.
P's unreasonable delay in bringing suit coupled w/ prejudice to D.
LACHES: P's unreasonable delay in bringing suit coupled w/ prejudice to D.
P's wrongful conduct, including fraud, duress, and undue influence.

o This is an equitable defense
UNCLEAN HANDS: P's wrongful conduct, including fraud, duress, and undue influence.

o This is an equitable defense.
An order by a court to a D to do something or refrain from doing something.
INJUNCTION: An order by a court to a D to do something or refrain from doing something.
PRIVATE NUISANCE

A private nuisance will be enjoined if:

(1) It threatens ____________ LOSS;

(2) It is _____________; or

(3) The BALANCE OF _________ does ____ favor the other party.
PRIVATE NUISANCE

A private nuisance will be enjoined if:

(1) It threatens IRREPARABLE LOSS;

(2) It is SUBSTANTIAL; or

(3) The BALANCE OF HARDSHIPS does NOT favor the other party.
When will a public nuisance be enjoined?
PUBLIC NUISANCE-->Will be enjoined if P can show that he has a special injury different from that suffered by the public at large.
PERMANENT INJUNCTION

This may be based on ___________, but never on ____________.
PERMANENT INJUNCTION

This may be based on DEPOSITIONS, but never on AFFIDAVITS.
For a TEMPORARY INJUNCTION, one must show:

(1) _____________ INJURY;

(2) LIKELIHOOD OF ____________ on the merits; and

(3) PRESERVATION OF THE _________ _____.

NOTE: The court will also weigh PUBLIC ________ concerns.
For a TEMPORARY INJUNCTION, one must show:

(1) IRREPARABLE INJURY;

(2) LIKELIHOOD OF SUCCEEDING on the merits; and

(3) PRESERVATION OF THE STATUS QUO.

NOTE: The court will also weigh PUBLIC ________ concerns.
Equity will NOT provide relief UNLESS there is NO __________ __________ AT LAW.
Equity will NOT provide relief UNLESS there is NO ADEQUATE REMEDY AT LAW.
The primary remedy for trespass is to ________________________________________.


However, where there is a threat of a ___________ or CONTINUING TRESPASS, equity will provide relief in the form of an _________.

Trespass is a COMMON LAW ______.
The primary remedy for trespass is to SUE FOR DAMAGES AT LAW.

However, where there is a threat of a REPEATED or CONTINUING TRESPASS, equity will provide relief in the form of an INJUNCTION.

Trespass is a COMMON LAW TORT.
Any intangible interference w/ one's enjoyment of land by means of noxious fumes, vibrations, noise, and other offensive activities.
NUISANCE: Any intangible interference w/ one's enjoyment of land by means of noxious fumes, vibrations, noise, and other offensive activities.
PRIVATE NUISANCE

Will be enjoined if:

(1) It threatens ___________ LOSS;

(2) It is ___________; and

(3) The BALANCE OF __________ DOES _____ FAVOR OTHER PARTY.
PRIVATE NUISANCE

Will be enjoined if:

(1) It threatens IRREPARABLE LOSS;

(2) It is SUBSTANTIAL; and

(3) The BALANCE OF HARDSHIP DOES NOT FAVOR OTHER PARTY.
_________ NUISANCE: One that affects an indefinite number of people.

_________ NUISANCE: Interferes w/ rights or interests unique to the individual bringing suit.
PUBLIC NUISANCE: One that affects an indefinite number of people.

PRIVATE NUISANCE: Interferes w/ rights or interests unique to the individual bringing suit.
PUBLIC NUISANCE

A private person may seek to enjoin a public nuisance ONLY if he is able to show that he has a ________ INJURY DIFFERENT FROM THAT SUFFERED BY THE ________ AT LARGE.
PUBLIC NUISANCE

A private person may seek to enjoin a public nuisance ONLY if he is able to show that he has a SPECIAL INJURY DIFFERENT FROM THAT SUFFERED BY THE PUBLIC AT LARGE.
Any physical intrusion upon land.
TRESPASS: Any physical intrusion upon land.
TRESPASS

Will be enjoined ONLY in cases of __________ INJURY caused by:

(1) ____________ VIOLATIONS NOT ADEQUATELY REMEDIED BY ___________ LAWSUITS; a

(2) A ___________ TRESPASS; or

(3) A _________ TRESPASS if the harm threatened is ________.
TRESPASS

Will be enjoined ONLY in cases of IRREPARABLE INJURY caused by:

(1) REPEATED VIOLATIONS NOT ADEQUATELY REMEDIED BY SUCCESSIVE LAWSUITS; a

(2) A CONTINUING TRESPASS; or

(3) A SINGLE TRESPASS if the harm threatened is UNIQUE.
INJUNCTIVE RELIEF

One seeking injunctive relief must show that:

(1) He has a ________ RECOGNIZED RIGHT __________ UPON BY D;

(2) There is NO _________ REMEDY AT _____;

(3) An injunction is _________, FEASIBLE, and EFFECTIVE TO VINDICATE HIS RIGHTS;

(4) The _________ OF HARDSHIPS FAVORS HIM;

(5) The injunction WILL ____ ADVERSELY AFFECT THE _______ INTEREST; and

(6) There are NO _________ DEFENSES available against him.
INJUNCTIVE RELIEF

One seeking injunctive relief must show that:

(1) He has a LEGALLY RECOGNIZED RIGHT INFRINGED UPON BY D;

(2) There is NO ADEQUATE REMEDY AT LAW;

(3) An injunction is PRACTICABLE, FEASIBLE, and EFFECTIVE TO VINDICATE HIS RIGHTS;

(4) The BALANCE OF HARDSHIPS FAVORS HIM;

(5) The injunction WILL NOT ADVERSELY AFFECT THE PUBLIC INTEREST; and

(6) There are NO EQUITABLE DEFENSES available against him.
When is the latest time an equitable suit may be brought?
When is the latest time an equitable suit may be brought?

WHEN THE SOL WOULD RUN FOR A SIMILAR ACTION AT LAW.

However, laches can also be SHORTER than the analogous limitations period if D shows that he was prejudiced by P's delay.
What is the statute of limitations for legal actions for injuries to land?
5 years
Money damages generally are NOT considered an adequate remedy for damage to ______ _________.
Money damages generally are NOT considered an adequate remedy for damage to REAL PROPERTY.
SPECIFIC PERFORMANCE

Requirements:

(1) There must be a _______ K;

(2) REMEDY AT LAW must be _______;

(3) EQUITABLE REMEDY must be _________;

(4) There must be ________ OF PERFORMANCE; and

(5) There must be NO EQUITABLE _________.
SPECIFIC PERFORMANCE

Requirements:

(1) There must be a VALID K;

(2) REMEDY AT LAW must be INADEQUATE;

(3) EQUITABLE REMEDY must be PRACTICABLE;

(4) There must be MUTUALITY OF PERFORMANCE; and

(5) There must be NO EQUITABLE DEFENSES.
INJUNCTIONS

Requirements:

(1) LEGAL REMEDY must be ________;

(2) EQUITABLE REMEDY must be __________;

(3) BALANCE OF ________ SHOULD FAVOR PARTY _________ INJUNCTIVE RELIEF;

(4) DOES ____ ADVERSELY AFFECT ________ INTEREST; and

(5) There must be NO ________ DEFENSES.
INJUNCTIONS

Requirements:

(1) LEGAL REMEDY must be INADEQUATE;

(2) EQUITABLE REMEDY must be PRACTICABLE;

(3) BALANCE OF HARDSHIP SHOULD FAVOR PARTY SEEKING INJUNCTIVE RELIEF;

(4) DOES NOT ADVERSELY AFFECT PUBLIC INTEREST; and

(5) There must be NO EQUITABLE DEFENSES.
JURISDICTION IN EQUITY

(1) Equity ONLY acts if remedy at law is _________.

(2) Equity ONLY acts if ___________.

(3) Equitable remedies are ___________.
JURISDICTION IN EQUITY

(1) Equity ONLY acts if remedy at law is INADEQUATE.

(2) Equity ONLY acts if PRACTICABLE.

(3) Equitable remedies are DISCRETIONARY.
EQUITY ONLY ACTS IF REMEDY AT LAW IS INADEQUATE

Which may occur when:

(1) DAMAGES WILL ____ MAKE P _______ (ie. unique goods and land);

(2) Damages are UNCERTAIN AND ___________;

(3) MULTIPLE AND _________ SUITS are necessary to get relief;

(4) D is ________; or

(5) __________ HARM results from D's conduct, which CANNOT be fully compensated by a ________ JUDGMENT.
EQUITY ONLY ACTS IF REMEDY AT LAW IS INADEQUATE

Which may occur when:

(1) DAMAGES WILL NOT MAKE P WHOLE (ie. unique goods and land);

(2) Damages are UNCERTAIN AND SPECULATIVE;

(3) MULTIPLE AND SUCCESSIVE SUITS are necessary to get relief;

(4) D is INSOLVENT; or

(5) IRREPARABLE HARM results from D's conduct, which CANNOT be fully compensated by a MONEY JUDGMENT.
EQUITY concerns the granting of certain types of _________.
EQUITY concerns the granting of certain types of REMEDIES.
Equity questions can best be answered by asking:

(1) Is there an _________ _________ at law?

(2) Are there any countervailing policies making equitable RELIEF ____________?

(3) Does D have any _________ DEFENSES, such as laches or unclean hands?
Equity questions can best be answered by asking:

(1) Is there an ADEQUATE REMEDY at law?

(2) Are there any countervailing policies making equitable RELIEF IMPRACTICABLE?

(3) Does D have any EQUITABLE DEFENSES, such as laches or unclean hands?
EQUITY ONLY ACTS IF PRACTICABLE

Countervailing policies when equity courts WILL DENY RELIEF are:

*(1) Orders that require periods of PROTRACTED ____________;

(2) Interference w/ _______ SPEECH;

*(3) Compelling performance of _________ SERVICES; and

(4) Interference w/ _________ LAW.
EQUITY ONLY ACTS IF PRACTICABLE

Countervailing policies when equity courts WILL DENY RELIEF are:

*(1) Orders that require periods of PROTRACTED SUPERVISION;

(2) Interference w/ FREE SPEECH;

*(3) Compelling performance of PERSONAL SERVICES; and

(4) Interference w/ CRIMINAL LAW.
Courts have __________ to grant equitable relief.
Courts have DISCRETION to grant equitable relief.
Under the DPC, exercise of IN REM JURISDICTION requires:

o The ____ to be located in VA; and

o Notice to be made in a manner REASONABLY __________ to give notice.
Under the DPC, exercise of IN REM JURISDICTION requires:

o The RES to be located in VA; and

o Notice to be made in a manner REASONABLY CALCULATED to give notice.
Actions at law are commenced by a ____________________?

Actions in equity are commenced by a _________________?
Actions at law are commenced by a MOTION FOR JUDGMENT.

Actions in equity are commenced by a BILL OF COMPLAINT.
VA maintains a ___________ SYSTEM and has separate _________ for law and equity.
VA maintains a BIFURCATED SYSTEM and has separate DOCKETS for law and equity.
ENFORCEMENT OF EQUITY DECREES

(1) Decrees for performance = Enforced by ________ _________.

(2) Decrees for payment = Enforced by _________.
ENFORCEMENT OF EQUITY DECREES

(1) Decrees for performance = Enforced by CIVIL CONTEMPT.

(2) Decrees for payment = Enforced by EXECUTION.
BILL OF COMPLAINT--LEGAL AND EQUITABLE CLAIMS IN A SINGLE CASE

In most cases, there is ____ general right to bring both equitable and legal claims together in the ______ SUIT in VA.

A P seeking both equitable and legal remedies may do so by initiating one suit on the _____ side of the court and one suit on the _______ side.

However, in ________ and ________ TORT cases, a P may sue in equity for BOTH equitable relief (ie. injunction) and money damages.
BILL OF COMPLAINT--LEGAL AND EQUITABLE CLAIMS IN A SINGLE CASE

In most cases, there is NO general right to bring both equitable and legal claims together in the SAME SUIT in VA.

A P seeking both equitable and legal remedies may do so by initiating one suit on the LAW side of the court and one suit on the EQUITY side.

However, in CONTRACTS and REPETITIVE TORT cases, a P may sue in equity for BOTH equitable relief (ie. injunction) and money damages.
BILL OF COMPLAINT--MULTIPLE EQUITABLE CLAIMS

Two or more ________ CAUSES of action MAY BE JOINED in one bill UNLESS:

(1) They are totally __________ AND REMOTE from one another; or

(2) They are asserted BY OR AGAINST __________ COMBINATIONS of parties.
BILL OF COMPLAINT--MULTIPLE EQUITABLE CLAIMS

Two or more EQUITABLE CAUSES of action MAY BE JOINED in one bill UNLESS:

(1) They are totally UNRELATED AND REMOTE from one another; or

(2) They are asserted BY OR AGAINST DIFFERENT COMBINATIONS of parties.
Like a counterclaim or cross-claim in actions at law.
CROSS-BILL: Like a counterclaim or cross-claim in actions at law.
CROSS-BILL

This seeks __________ RELIEF and NOT JUST ___________ of the original bill.

It must be filed w/i _____ DAYS after _________ of the subpoena UPON D, or thereafter by _______ OF COURT only.
CROSS-BILL

This seeks AFFIRMATIVE RELIEF and NOT JUST DISMISSAL of the original bill.

It must be filed w/i 21 DAYS after SERVICE of the subpoena UPON D, or thereafter by LEAVE OF COURT only.
SUIT BROUGHT ON WRONG SIDE OF COURT

The court will ________ a suit brought on the wrong side of the court to the proper forum/docket, and order _________ OF PLEADINGS.
SUIT BROUGHT ON WRONG SIDE OF COURT

The court will TRANSFER a suit brought on the wrong side of the court to the proper forum/docket, and order AMENDMENT PLEADINGS.
The VA CONSTITUTION does ____ guarantee a _____ TRIAL for equitable claims.
The VA CONSTITUTION does NOT guarantee a JURY TRIAL for equitable claims.
A single, dispositive state of facts which, if proven, provides a complete defense to P's claim.

This is a special defense!
PLEA IN EQUITY: A single, dispositive state of facts which, if proven, provides a complete defense to P's claim.

This is a special defense!
JURY AS A MATTER OF RIGHT

In VA, D may file a "plea in equity." If P is deemed to deny the plea's allegations, either party may demand a ______ TRIAL on the factual issue involved, and the verdict in the proceeding will be ________.
JURY AS A MATTER OF RIGHT

In VA, D may file a "plea in equity." If P is deemed to deny the plea's allegations, either party may demand a JURY TRIAL on the factual issue involved, and the verdict in the proceeding will be BINDING.
JURY AT DISCRETION OF COURT

The chancellor may have the issue or case tried by jury on his OWN ________.

Here, he does ____ have to abide by the decision of the jury. However, an appellate court may reinstate the verdict if it is supported by a ___________ OF THE EVIDENCE.

The chancellor's decision whether to submit an issue to a jury is subject to _________ REVIEW.
JURY AT DISCRETION OF COURT

The chancellor may have the issue or case tried by jury on his OWN MOTION.

Here, he does NOT have to abide by the decision of the jury. However, an appellate court may reinstate the verdict if it is supported by a PREPONDERANCE OF THE EVIDENCE.

The chancellor's decision whether to submit an issue to a jury is subject to APPELLATE REVIEW.
FINAL JUDGMENTS

Final judgments in ________ RELATIONS CASES are appealable (as a MATTER OF _________) by filing a NOTICE OF _________ w/i ____ DAYS after entry of the final decree.

Final judgments in OTHER CASES are appealable (____ as a matter of right) by filing a NOTICE OF APPEAL w/i ____ DAYS after entry of the final decree, and a ________ FOR APPEAL must be filed w/i ___ MONTHS after the final decree.
FINAL JUDGMENTS

Final judgments in DOMESTIC RELATIONS CASES are appealable (as a MATTER OF RIGHT) by filing a NOTICE OF APPEAL w/i 30 DAYS after entry of the final decree.

Final judgments in OTHER CASES are appealable (NOT as a matter of right) by filing a NOTICE OF APPEAL w/i 30 DAYS after entry of the final decree, and a PETITION FOR APPEAL must be filed w/i 3 MONTHS after the final decree.
Besides for final judgments, appeal is also available for _____________ JUDGMENTS THAT GRANT, ________, OR DISSOLVE AN __________.
Aside from final judgments, appeal is also available for INTERLOCUTORY JUDGMENTS THAT GRANT, REFUSE, OR DISSOLVE AN INJUNCTION.
PETITION TO REHEAR--GROUNDS

Grounds for a petition to rehear:

(1) NEWLY ___________ EVIDENCE

(2) ________ OF LAW OR FACT
PETITION TO REHEAR--GROUNDS

Grounds for a petition to rehear:

(1) NEWLY DISCOVERED EVIDENCE

(2) ERRORS OF LAW OR FACT
This is directed to the trial court to modify or vacate its decrees or order.
PETITION TO REHEAR: This is directed to the trial court to modify or vacate its decrees or order.
Information which is not readily available and which gives its possessor a competitive advantage as long as it is kept secret.
TRADE SECRET: Information which is not readily available and which gives its possessor a competitive advantage as long as it is kept secret.
_________ TO THE PUBLIC is a strong factor in denying injunctions.

A court will ____ grant an injunction where it would _________ affect the public interest.
HARDSHIP TO THE PUBLIC is a strong factor in denying injunctions.

A court will NOT grant an injunction where it would ADVERSELY affect the public interest.
Name a few equitable defenses:

(1) _________

(2) STATUTE OF ___________

(3) UNCLEAN _________
Name a few equitable defenses:

(1) LACHES

(2) STATUTE OF LIMITATIONS

(3) UNCLEAN HANDS
The duty to provide marketable title does NOT arise until _________.
The duty to provide marketable title does NOT arise until CLOSING.
CHATTELS

A K for the sale of a chattel will be specifically enforced ONLY if it is either:

(1) __________; or

(2) DIFFICULT TO PROCURE ON THE __________.
CHATTELS

A K for the sale of a chattel will be specifically enforced ONLY if it is either:

(1) UNIQUE; or

(2) DIFFICULT TO PROCURE ON THE MARKET.
FINAL JUDGMENTS--DOMESTIC RELATIONS CASES

o Appealable as a MATTER OF _______

o By filing a NOTICE OF ________ w/i __ DAYS of the final decree
FINAL JUDGMENTS--DOMESTIC RELATIONS CASES

o Appealable as a MATTER OF RIGHT

o By filing a NOTICE OF APPEAL w/i 30 DAYS of the final decree
FINAL JUDGMENTS--OTHER CASES

Appeal of final judgments in cases OTHER THAN domestic relations cases is ____ a matter of right.

A NOTICE OF ________ must be filed w/ the supreme court w/i ___ DAYS after entry of the final decree.

A PETITION FOR ________ must be filed w/i __ MONTHS after the final decree.
FINAL JUDGMENTS--OTHER CASES

Appeal of final judgments in cases OTHER THAN domestic relations cases is NOT a matter of right.

A NOTICE OF APPEAL must be filed w/ the supreme court w/i 30 DAYS after entry of the final decree.

A PETITION FOR APPEAL must be filed w/i 3 MONTHS after the final decree.
FINAL JUDGMENTS--INTERLOCUTORY APPEALS

Appeal is also available for interlocutory judgments that grant, refuse, or dissolve an ________.
FINAL JUDGMENTS--INTERLOCUTORY APPEALS

Appeal is also available for interlocutory judgments that grant, refuse, or dissolve an INJUNCTION.
BILL OF REVIEW

A bill of review lies ONLY from _______ DECREES.

Must be filed w/i ___ MONTHS of entry of the decree.

Grounds of reconsideration are: (1) an _______ IN LAW, on the face of the record (reviewed as a matter of right); and (2) NEWLY ___________ EVIDENCE (NOT available as a matter of right).

A court allowing a bill of review ordinarily awards an _________ to the decree to be reviewed.
BILL OF REVIEW

A bill of review lies ONLY from FINAL DECREES.

Must be filed w/i 6 MONTHS of entry of the decree.

Grounds of reconsideration are: (1) an ERROR IN LAW, on the face of the record (reviewed as a matter of right); and (2) NEWLY DISCOVERED EVIDENCE (NOT available as a matter of right).

A court allowing a bill of review ordinarily awards an INJUNCTION to the decree to be reviewed.
PETITION TO REHEAR

This is directed to the trial court to MODIFY or _______ its decree or order.

Grounds for the petition are _______ DISCOVERED EVIDENCE and _______ OF LAW OR FACT.
PETITION TO REHEAR

This is directed to the trial court to MODIFY or VACATE its decree or order.

Grounds for the petition are NEWLY DISCOVERED EVIDENCE and ERRORS OF LAW OR FACT.
An order by the court to do something or refrain from doing something.
INJUNCTION: An order by the court to do something or refrain from doing something.

o Can be TEMPORARY (to preserve the status quo until trial) or _________.
PERMANENT INJUNCTION

May be granted only:

(1) On ______ to the adverse party; and

(2) On a full ________ on the merits of the case.

NOTE: May be based on DEPOSITIONS but never on _________.
PERMANENT INJUNCTION

May be granted only:

(1) On ______ to the adverse party; and

(2) On a full ________ on the merits of the case.

NOTE: May be based on DEPOSITIONS but never on AFFIDAVITS.
An injunction binds ALL PARTIES, their ______ and SERVANTS, and those acting IN _________ w/ them after they have received ACTUAL _______.
An injunction binds ALL PARTIES, their AGENTS and SERVANTS, and those acting IN CONCERT w/ them after they have received ACTUAL NOTICE.
AVAILABILITY OF INJUNCTIVE RELIEF

(1) Is the LEGAL _______ INADEQUATE?

(2) Is a _________ RIGHT OR OTHER PROTECTABLE INTEREST involved?

(3) Do the ________ BALANCE IN P'S FAVOR (ie. benefit to P not greatly outweighed by burden on D)?

(4) Would the injunction adversely affect the PUBLIC ________?

(5) Are there any ________ availabe (ie. unclean hands, laches)?
AVAILABILITY OF INJUNCTIVE RELIEF

(1) Is the LEGAL REMEDY INADEQUATE?

(2) Is a PROPERTY RIGHT OR OTHER PROTECTABLE INTEREST involved?

(3) Do the HARDSHIPS BALANCE IN P'S FAVOR (ie. benefit to P not greatly outweighed by burden on D)?

(4) Would the injunction adversely affect the PUBLIC INTEREST?

(5) Are there any DEFENSES availabe (ie. unclean hands, laches)?
An act harmful to the interest of one entitled to have the property preserved.
WASTE: An act harmful to the interest of one entitled to have the property preserved.
TEMPORARY INJUNCTION

EX _______ ORDERS may be granted if _________ INJURY would result before opponent could be heard.
TEMPORARY INJUNCTION

EX PARTE ORDERS may be granted if IMMEDIATE INJURY would result before opponent could be heard.
Its purpose is to conform a writing to the oral agreement of the parties.
REFORMATION: Its purpose is to conform a writing to the oral agreement of the parties.
Its purpose is to cancel a K for lack of true consent.
CANCELLATION: Its purpose is to cancel a K for lack of true consent.

o This releases parties from K
EQUITABLE REMEDIES FOR RESTITUTION

Available only on showing that wrongdoer obtained ______ to property.
EQUITABLE REMEDIES FOR RESTITUTION

Available only on showing that wrongdoer obtained TITLE to property.
EQUITABLE REMEDIES FOR RESTITUTION

These include:

(1) CONSTRUCTIVE ________

(2) EQUITABLE _______ ("judge-made mortgage" in favor of victim);

(3) SPECIFIC RESTITUTION IN EQUITY ("EQUITABLE _______");

(4) EQUITABLE _________ (available for violation of fiduciary duties); and

(5) __________.
EQUITABLE REMEDIES FOR RESTITUTION

These include:

(1) CONSTRUCTIVE TRUST

(2) EQUITABLE LIEN ("judge-made mortgage" in favor of victim);

(3) SPECIFIC RESTITUTION IN EQUITY ("EQUITABLE REPLEVIN");

(4) EQUITABLE ACCOUNTING (available for violation of fiduciary duties); and

(5) SUBROGATION.
EQUITABLE REMEDIES FOR RESTITUTION

EQUITABLE LIENS and CONSTRUCTIVE TRUSTS are available ONLY on showing that wrongdoer has obtained ______ to property.

These remedies are NEVER used against a ______ or CONVERTER, who obtains wrongful ________ but NOT title.
EQUITABLE REMEDIES FOR RESTITUTION

EQUITABLE LIENS and CONSTRUCTIVE TRUSTS are available ONLY on showing that wrongdoer has obtained TITLE to property.

These remedies are NEVER used against a THIEF or CONVERTER, who obtains wrongful POSSESSION but NOT title.
ESTOPPEL

What is the effect of estoppel?
ESTOPPEL

The party may proceed as though the statements or conduct reasonably relied on and causing a change in position to that party's detriment were true.
CREDITOR'S SUITS IN EQUITY (CREDITOR'S BILL)

The purpose of this is to subject debtor's property that ________ be reached at law to a lien and NOT obtain a PERSONAL ________ OR DECREE against the _______.
CREDITOR'S SUITS IN EQUITY (CREDITOR'S BILL)

The purpose of this is to subject debtor's property that CANNOT be reached at law to a lien and NOT obtain a PERSONAL JUDGMENT OR DECREE against the DEBTOR.
A disinterested court officer who takes charge of real or personal property when P would be injured if the property were left in D's custody.
RECEIVER: A disinterested court officer who takes charge of real or personal property when P would be injured if the property were left in D's custody.

NOTE: Receivership works ONLY a transfer of POSSESSION and NOT title.