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30 Cards in this Set
- Front
- Back
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EQUITY is in DOMESTIC RELATIONS section
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Adequate legal remedies generally involve judgments for money damages, so actions in which money damages are not adequate will be candidates for equitable relief.
If money and legal damages are adequate, the court will not reach equity. |
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Equity most often involves
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Actions with real property, unique chattels, or irreparable harm that cannot be fully compensated by money.
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Maxims - SIDED CLAWS
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- Seeking equity, must do equity
- In personam - equity acts against the person, not rem - Done what ought to be done, equity regards - Equality, equity is - Disfavors forfeitures or penalties - Clean hands for the one who comes into equity - Law - equity follows the law, no $ > then equity - Aids the vigilant and diligent - Wrongs without remedy? equity won't allow - Substance over form - equity is about the result |
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Inherent Equitable Powers
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DIBBLE DIBBLE DIBBLE
"courts have inherent power to do all things reasonably necessary to insure that just results are reached to the fullest extent possible." Toll the statute of limitations - court may stop the statute from running to "ensure fundamental practicability and fairness" |
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Contempt - civil
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Contempt is the most powerful equitable power
Civil contempt - purpose is to keep peace of court NOT to punish - Maintain respect and decorum - ensure compliance of decisions, - Coerce defendant to submit to court power Violations - defendant has keys to his own jail, as soon as they pay or comply, they will be released |
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Contempt - criminal
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Punishment based contempt
- No keys to own jail - Can be fines or prison Due Process issues - since imprisonment is allowed without hearing or attorney, etc - Look for 6 months sentence > if that long or longer, Due Process issues will be implicated - IF there is opportunity for abatement, probably just civil contempt and will be ok |
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Contempt - direct
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(direct civil, direct criminal)
Court may punish for conduct that interferes with proceedings / shows disrespect, hampers parties or witnesses "In the purview of the court" - courtroom, depositions - May punish summarily and immediate for direct - may award attorneys fees |
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Contempt - indirect and compensatory
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For contemptuous behavior outside of the purview of the court
- must support contempt claim with evidence to judge Compensatory contempt - money award for plaintiff when defendant injures plaintiff by violating a court order |
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Contempt - limitations
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- Order violated must have been clear and not contradictory
- Must have willful conduct leading to contempt - Record must be clear (behavior, contempt actions taken) - Obey Constitutional limits - high fines, summary adjudication for indirect contempt are less justifiable and may require Due Process |
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Equitable defenses
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- Unclean hands
- laches - Equitable Estoppel - Judicial Estoppel |
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Unclean hands
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Plaintiff contributed to his own harm
Elements: - inequitable conduct by plaintiff - related directly to the subject matter of the litigation - causing prejudice or injury to the defendant Maxim - one who comes into equity must do so with clean hands |
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Laches
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i.e. waiting too long to assert your rights
*NOT applied in domestic cases maxim - equity aids the vigilant Plaintiff unreasonably delayed the assertion of equitable claim so as to result in prejudice to defendant - delay - unreasonable length under the circumstances - prejudices defendants Reasonableness - fact sensitive and in discretion of court - more reasonable if not convenient to bring claim or plaintiff is poor |
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Equitable estoppel
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requires certain conduct by both parties
Estopped party - Conduct calculated to convey impression that facts are inconsistent with subsequent assertion (false impressions or concealments) - Misrepresentations - intention or an expectation that representations will be acted upon - actual or constructive knowledge of true facts Asserting party - lack of knowledge or means to discover truth - reasonable reliance on other party conduct - change of position to extent of prejudice or injury exceptions - no estoppel from dealing with public officers - no estoppel based on public benefits |
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Judicial Estoppel
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Prevents party from arguing facts contrary to factual positions in same or related cases
- Two inconsistent positions taken by same party or parties in privity - same or related proceedings involving same party / privity - party was successful in position and received some benefit - total inconsistency and inconsistency was intentional |
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Equitable Remedies
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Injunctive relief
- Temporary Restraining Orders - Preliminary Injunctions - Permanent Injunctions Contract remedies - specific performance - recission - reformation Property disputes - Trusts - resulting, constructive - Equtiable lien - Foreclosure Restitution Accounting |
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Injunctions generally
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No plain, adequate, and complete remedy at law and irreparable harm will result
Failure to comply > contempt Appropriateness? - practicality to enforce - any legal remedies - likelihood of irreparable harm - harm from injunction - public policy |
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Temporary restraining order
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Emergency preliminary injunction - no notice or no hearing before issuing
Necessary to preserve status quo until hearing can be held Expires within 10 days unless extended after hearing Elements - irreparable injury will result - likelihood of success on the merits - no adequate remedy at law - public policy supports - GIVE BOND |
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Preliminary injunction
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Have notice and hearing
- Irreparable injury will result - no adequate remedy at law - likelihood of success on the merits - public policy supports - GIVE BOND |
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Permanent injunction - non-compete agreements
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Issued at end of a case, final
Precludes actions going forward For NONCOMPETE AGREEMENTS - will be enforced if: - convenant necessary to protect legitimate interest of employer - reasonably limited as to time, place, scope - reasonable under public policy - supported by consideration |
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Injunction procedure
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Form and scope of Injunction or Restraining order
- must have reasons in order, specific in terms, and sufficiently describe actions to be enjoined Cannot issue a TRO that suspends business - must have notice Complainant must post security |
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Specific performance
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Contract remedy forcing someone to act according to the particular terms of the contract
Elements: - contract clear, definite, certain - Contract is legally valid - plaintiff should have performed or be prepared to perform (formal tender not necessary) - legal damages are inadequate appropriate for unique goods or realty - not services |
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Recission
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Abrogation or undoing of a contract - returning parties to original positions
Appropriate for: - Fraudulent misrepresentation - Substantial and fundamental breach - serious and intentional breach - actual or constructive fraud |
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Reformation
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Scrivener's Error
Mutual mistake - parol evidence rule may preclude but court may still reform to reflect intentions - must show - clear and convincing evidence that contract has an error but the intent was clear |
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Resulting trust
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Trust arising naturally
- presumed that a party who pays intends to benefit himself and a resulting trust will be raised on his behalf Court will only order a person to give the property, not actually take the property |
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Constructive trust
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Trust arising by operation of law without regards to presumptions or intentions of parties
Prevents unjust enrichment when: - Party obtains a benefit - which does not equitably belong to him and which he cannot in good conscious retain or withhold from - another who is beneficially entitled to it as where money has been paid, mistake of face, fraud, or acquired through breach of trust/fiduciary duty Must have a Special Relationship Standard of proof - HIGH - clear, definite, and unequivocal |
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Equitable Lien
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3rd party mortgage remedy - claim against the property
Must have more than a mere debt or breach of contract Requires: - debt and duty for one person to pay another - res to which obligation attaches - intent that property is to serve as security for obligation |
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Other property remedies
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Mortgage foreclosure
action to quiet title partition |
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Remedy for unjust enrichment
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Restitution - returning a benefit unjustly conferred
Elements - benefit conferred by plaintiff upon defendant - realization of that benefit by defendant - retention of the benefit by the defendant in inequitable circumstances for him to retain without giving value back Arises in many areas Equity will not suffer a wrong to be without remedy |
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Accounting
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Equity will compel one standing in a fiduciary relationship to plaintiff to account for income or profits received in a fiduciary capacity or in breach of fiduciary duty
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Judge Bell and Balancing Equities
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Where there are two INNOCENT PARTIES - court may fashion remedy based on these principles
- who is/was in better position to protect themselves - who better deserves protection of a court in equity - who is more able to avoid the problem |
