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| Remedies is the study of the legal and equitable relief that a client
may obtain as a result of litigation. In effect, it is about selecting
the appropriate remedy to meet your client goals , deciding how to
measure the remedy and deciding how to enforce it. This course will provide students opportunities for review of basic courses (i.e. torts, property, contract, and civil pro) and for obtaining new insights on the lawyering process and the institutions that comprise the legal system. Because it cuts across substantive and procedural subject matters, it makes a great review course in preparation for the bar. If you take a few moments with each problem to review the substantive and procedural law background, you will be able to integrate much of your prior learning into a big picture. Remedies is a very practical course. When a client comes into your office with a problem, the question that is usually foremost in his or her mind is "what is the solution?" The solution, in litigation, is a remedy. But because legal problems do not come neatly packaged or identified as matters of tort, contracts, or property, one of the objectives of this course is to help further a holistic approach to legal problem solving. Remedies almost always involves issues of discretion: discretion of the judge in fashioning an equitable remedy, discretion of the jury in assessing damages, and discretion of law makers in setting the boundaries for these decisions. Discretion means that lots of interesting factors, often unstated, can influence a decision. If we understand those underlying factors, we can be much more effective in predicting outcomes and persuading decision-makers. |
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