New York Bar Exam - Equity

Front 1

What is equity?

Back 1

For bar exam purposes, equity is concerned with granting certain types of remedies:
1) Injunctive relief against tortious conduct
2) Specific performance
3) Recission
4) Reformation

Front 2

Is the an aboslute right to injunctive relief?

Back 2

No, as compared to legal remedy, which issues as a matter of right.

Front 3

Is there a right to jury trial in equity?

Back 3

Generally no.

Front 4

When will equitable relief not be granted?

Back 4

If it would cause disproportionate harm to the public or the party against whom the relief is sought.

Front 5

Was are the characteristics of an equitable action?

Back 5

1) Equitable remedies will be available only where there is no adequate remedy at law.
2) Equity acts upon the person.
3. Equity will not take jurisdiction when there are no practical means to enforce its decree. The court must have the power to force compliance and must be able to determine whether there has been compliance.
4) As a general rule, equity will grant relief only where a property right is present, but some courts require only a protectable interest.
5) There is no absolute right to equitable relief; it is discretionary with the court.

Front 6

What does injunctive relief accomplish?

Back 6

Prevents a threatened wrong or injury, or proceeds to set right an injury that has already been inflicted.

Front 7

What does an injunction do?

Back 7

The injunction will order the defendant either to cease doing (negative) or commence performing (mandatory) a certain act.

Front 8

How are injunctions enforced?

Back 8

By holding the noncomplying party in contempt.

Front 9

What are the classifactions of injunctions?

Back 9

1) mandatory or negative
2) interlocutory
3) permanent

Front 10

What are the key issues for determining whether injunctive relief is appropriate?

Back 10

1) Is the legal remedy inadequate?
2) Is there a property right orprotectable interest involved?
3) Is enforcement feasible?
4) Are the hardships balanced?
5) Does the defendant have any defenses?

Front 11

What is a preliminary injunction?

Back 11

Injunctions aimed at maintaining the status quo until trial on the merits.

**do not resolve any permanent rights between the parties.

Front 12

What is a permanent injunction?

Back 12

Permanent injunctions may be issued only after a full hearing on the merits and are binding on the parties.

Front 13

What is the duration of an injunction?

Back 13

An injunction remains in full force and effect until it has been vacated, modified, or set aside.

**it may not be ignored, even if erroneous, unless the court was totally without jurisdic tion.

Front 14

When will an injunction be granted as relief from the tort of nuisance?

Back 14

Generally be granted only against a private nuisance; an individual will not have the right to enjoin a public nuisance unless he can show that he has standing to sue (e.g., a special injury)

Front 15

When will an injunction be granted as relief from the tort of trespass to land?

Back 15

Injunctive relief is proper where the trespass is continuous.

Front 16

When will an injunction be granted as relief from the tort of waste?

Back 16

If waste exists, is it destructive, permissive, or ameliorative? Generally, equity will not grant injunctive relief in ameliorative waste situations.

Front 17

When will an injunction be granted as relief from the tort of coversion or trespass to chattels?

Back 17

Injunctive relief is proper where the interference is continuous or the converted chattel is unique.

Front 18

When will an injunction be granted as relief from the tort of defamation?

Back 18

Look for the existence of a property right, but remember that equity courts are hesitant to enjoin mere libel or slander because of free speech rights.

Front 19

When will an injunction be granted as relief from the tort of invasion of privacy?

Back 19

NY courts have uniformly held that there is no cause of action for invasion of privacy apart from Civil Rights Law

**exception for implied promise of confidentiality made by a physician to a patient

Front 20

When will an injunction be granted as relief from the tort of libel (unfair competition)?

Back 20

Equity courts are more likely to enjoin trade libel than “personal” defamation.

Front 21

When will an injunction be granted as relief from the tort of inducing breach and/ar refusal to deal (unfair competition)?

Back 21

An injunction is generally proper when a defendant encourages someone to breach a contract with, or refuse to do business with, defendant’s competitor.

**Exception where D attempted inducement of 3rd part is privileged

Front 22

When will an injunction be granted as relief from the tort of violation of trade secret (unfair competition)?

Back 22

Trade secrets will be protected by the court. Court are more likely to issue the injuction if the info was wrongfully obtained

**Trade secret is info not readily available that gives its possesor a competitive advantage.

Front 23

When will an injunction be granted as relief from the tort of trademark infringement (unfair competition)?

Back 23

An injunction will be available to prevent infringement of a protectable trademark interest.

Front 24

When will an injunction be granted as relief from the tort of trade name infringement (unfair competition)?

Back 24

For injunctive relief, there must be a secondary meaning present and the infringing name must be so similar as to be likely to cause confusion.

Front 25

When will an injunction be granted as relief from the tort of copyright infringement (unfair competition)?

Back 25

Injunctive relief is not available for copyright infringement absent compliance with the federal statute.

**But state common law remedies still apply (i) for works not fixed in a tangible medium of expression, or (ii) where the rights involved are not equivalent to copyright.

Front 26

When will an injunction be granted as relief from infliction of physical harm?

Back 26

Plaintiffs may generally seek injunctive relief against infliction of physical harm.

Front 27

What are the legal remedies?

Back 27

A legal remedy could be money damages, replevin, or ejectment.

**If a legal remedy will make P whole, equity will not act

Front 28

When will money damages be inadequate?

Back 28

1) Damages are speculative;
2) Defendant is insolvent;
3) The injury is irreparable;
4) A multiplicity of actions might be necessary; or
5) Plaintiff has no right to damages (e.g., the tort is only prospective).

Front 29

When will replevin be inadequate?

Back 29

Replevin may be inadequate if there has been a change in the chattel (so that the sheriff would not be able to identify it).

Front 30

When will ejectment be inadequate?

Back 30

The legal remedy of ejectment may be inadequate because the sheriff refuses to act.