REMEDIES (3) (GOV180)

Professor David Schoenbrod

Focuses on the nature and scope of relief that a court may grant once a party has established its entitlement to a substantive right. In examining what courts may do for a winning litigant, and to the loser, judges apply the same remedial principles, whether the right comes from antitrust, zoning, or any other area of civil law. Thus, remedies principles, like evidence or civil procedure principles, apply across the board. First-year students have seen the results of applying remedial principles in contracts and torts, but lawyers must understand the remedial principles themselves to practice law, whether as litigators or counselors. It is the remedy, after all, that makes clients go to lawyers. The course will examine remedies in cases arising under regulatory statutes, constitutions, and the common law. There are many remedies questions on bar examinations; the course will periodically use practice bar exam questions to develop skill in applying remedial principles to facts.