This is a lesson on the equitable defense of unclean hands. The first part of the lesson is designed to introduce the basics of the concept for students before and during its study in class. The "Review" questions at the end are an aide for students who have completed their study, either through class work or this lesson. Students who want simply to review in anticipation of a final exam can go straight to the Review materials and backtrack only as necessary for understanding questions missed.
Read moreThis lesson covers the defense of laches to an equitable action. Students will learn when the defense applies, the elements necessary to establish the defense, and how courts consider the defense. Students will also learn to distinguish laches from the related defenses of Estoppel and the Statute of Limitations.
Read moreThis is the second lesson involving injunctions against speech. The first lesson focused on various aspects of injunctions against speech including injunctions against defamation, obscenity and related to national security.
Read moreThis lesson focuses on injunctions against litigation.
Read moreWhen a preliminary or temporary injunction has been entered against a defendant, and the defendant believes that injunction is wrongfully issued, he has three choices in resisting the injunction: disobey and risk contempt; move to modify
Read moreThis lesson introduces students to the concepts of ripeness and mootness.
Read moreThis lesson explores the many uses of the doctrine of election of remedies. Students will discover that attorneys will invoke the doctrine of election of remedies to enforce statutory or contractual exclusivity of remedy; to require plaintiffs to be bound by their intentional choice; to protect defendants from prejudice due to their detrimental reliance on plaintiff's actions; to eliminate double recovery for the same wrong; or to eliminate splitting and relitigation of claims. By working through the problems in this lesson, students will become familiar with the many different purposes of the doctrine and recognize the overlap with other remedial doctrines, such as waiver, estoppel, laches, and res judicata.
Read moreThis lesson covers the common law rules and various statutory approaches governing recovery of damages for injuries resulting in death. Questions and problems in the lesson consider the circumstances under which and the extent to which damages are available to protect the interests of persons who die as a result of tortious injuries and the interests of the survivors of those persons.
Read moreThis lesson focuses on issues relating to injunctions against speech. It is designed for students who have studied these issues in class, and who have a strong working knowledge of the material, but who wish to further refine and develop their understanding.
Read moreThis lesson will cover two of the most powerful equitable remedies, the Constructive Trust and the Equitable Lien. This lesson is intended to supplement your classroom study of these remedial tools, and to explore their utility more deeply. Another lesson, "Equitable Protection of Restitution: The Accounting for Profits," is recommended. Taken together, students will learn when each form of relief is available, the advantages and disadvantages that each form offers and, when the choice is available, the strategic implications of choosing one form over another.
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