This lesson is a companion tutorial to "Recovery of Attorney's Fees." This lesson reviews the policy debate over the American Rule vs. the English Rule. In this lesson, you can judge a debate regarding which approach to attorney's fees rules is better policy.
- 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.
This lesson deals with the requirements for preliminary injunctive relief, and includes both temporary injunctions and temporary restraining orders. It is designed for students who have already studied this material in class, and desire to refine their understanding of the matter by applying it in various contexts.
Expense is a significant factor in any litigation. In deciding whether a judicial remedy is worth pursuing, parties must consider the cost of obtaining that remedy. The "American Rule" provides that parties to a lawsuit ordinarily pay their own attorney's fees, unless a statute or contract provides that fees can be shifted to the opponent. As it is fundamental to the litigation landscape, you may have touched on this doctrine in a number of your law school classes.
This lesson reviews the American Rule, and the major exceptions to that rule. The lesson focuses on rules that shift responsibility for fees to one's opponents in litigation. The first two parts of the lesson review the major exceptions to the American Rule that allow attorney's fees may be awarded as part of the judgment in a case where a statute or contract provides for this shifting of costs.
When defendant has been unjustly enriched at plaintiff's expense, plaintiff is entitled to seek restitution. Among the rules and principles that qualify a plaintiff's right to seek restitution is the notion that a "volunteer" is not entitled to seek restitution. In this lesson, we explore the concept of "volunteer" in an effort to determine who should be regarded as a volunteer and who should not. The lesson is intended for those who have studied these issues in class and wish to further refine their knowledge.
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.
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.
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.
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.
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.
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.
This lesson demonstrates how the principles of remedies are found in the UCC and provides some guidance for working with the UCC. This lesson may be run either as an introduction before the material is studied or as a review after it is studied.
This lesson explores the remedies that are available in UCC Article 2 for the Buyer when the Seller is in breach. We first examine the remedies when the Seller has the goods, and then when the Buyer has the goods. This lesson may be run either as an introduction before the material is studied or as a review after it is studied.