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  • This Subject Area Index lists all CALI lessons covering Remedies.
  • The Remedies Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.

Remedies

Restitution - Emergency Situations

The action for restitution allows recovery in a variety of contexts when the defendant would be "unjustly enriched" if he/she were not required to pay restitution. One of those contexts is the situation in which one person acts on behalf of another in the case of an emergency situation requiring immediate action. In this lesson, we explore the parameters of an individual's right to recover restitution for providing aid to another in an emergency situation. Of course, as an inevitable incident of this discussion, we will explore situations when recovery should be denied. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.

Restitution - Mistake of Fact

A right to restitution arises when one person is "unjustly enriched" at the expense of another. One context in which restitution is sometimes sought is when payments are made under a "mistake of fact." The situations and contexts in which mistake of fact arise are quite varied. In this lesson, we examine some of the situations and contexts, and extract general principles regarding the right to restitution for mistaken payments. This lesson is intended for students who have studied these issues in class and who wish to further refine their knowledge.

Restitution: Unjust Enrichment

This lesson is intended for students who have studied restitution in class, and who wish to expand and refine their knowledge of the topic.  The lesson deals with the basics of restitution (what constitutes "unjust enrichment"), and how is it measured.  Little attempt is made to deal with more sophisticated aspects of restitution such as tracing, equitable liens, constructive trusts, etc.  These topics are covered in another lesson.

Right to Jury Trial

This lesson examines the Seventh Amendment to the United States Constitution, and its provision for a right to trial by jury in civil cases. The lesson examines the right from a historical perspective, as well as in terms of its modern applications. It also examines related doctrines such as the "equitable cleanup" doctrine. This lesson is intended for students who have studied these issues in class and wish to refine their knowledge of this right.

Ripeness and Mootness

This lesson introduces students to the concepts of ripeness and mootness. This lesson is geared to students who have studied these concepts in class (perhaps some time ago in their constitutional law classes) and wish to delve into the subject more deeply.

Tracing

This lesson reviews the process of tracing wrongfully diverted money or property through a series of exchanges. Students are expected to have a basic familiarity with in-specie remedies such as replevin and constructive trust. The lesson provides problems for students to consider practical evidentiary issues in locating and proving the identity of property and to practice the application of rules for tracing funds into and out of commingled accounts. The lesson will be most useful for review by students in remedies, debtor-creditor, or bankruptcy courses.

Unclean Hands

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.

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