Remedies (Spring 2022) LAW 6305 21051

HH - 283 

Tuesday, Wednesday, Thursday  9:15 AM 10:10 AM

Professor Thomas D. Russell

Required Books:

Textbook: Douglas Laycock & Richard Hazen, Modern American Remedies: Cases and Materials Concise 5th Edition (Wolters Kluwer, 2018). ISBN-13: 9781543844085 [Be sure that your book is the 5th edition AND the concise edition.]

James M. Fischer, Understanding Remedies. 4th ed. (Carolina Academic Press, 2021.) ISBN-13: 9781531021894 [Be sure to get the current edition.]

The objectives of this course are for you to better understand (1) the work of trial lawyers including, not incidentally, Frederic G. Levin; (2) the central importance of stacks of cash (see image at left) as the goal of litigation; (3) the relationship of damages to the payment of lawyers; (4) the source of money to pay damages particularly in tort litigation; (5) the process of collecting money against losing defendants; (6) the relationship of remedies, including the remedies that you have already studied in other courses, to the causes of action; (7) the difference between common law damages and equitable remedies; (8) the nature of equitable remedies particularly injunctions; (9) the difference between restitution and common law tort and contract remedies; and (10) fee-shifting. 

We will cover damages, equitable remedies (including injunctions), enforcement of equitable decrees, restitution, and declaratory remedies.

After completing this course, students should be able to:

1. Differentiate among various remedies in litigation;

2. Apply caselaw and statutory authority regarding the available remedies in a lawsuit;

3. Understand the scope and limitations of injunctions and damages as remedies in civil actions; 

4. Write, simply and clearly, about the application of remedies to factual scenarios; and 

5. Understand remedies topics in preparation for the bar exam.

Syllabus is forthcoming. Page Under Construction (obviously).

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© Thomas D. Russell 2020