This course 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 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 examines remedies in cases arising under regulatory statutes, constitutions, and the common law. Bar examinations have many remedies questions; the course periodically uses practice bar exam questions to develop skill in applying remedial principles to facts.
This upper-level substantive course is foundational for both litigators and counselors. Materials presented in this course are tested on the Multistate Bar Exam (MBE) and Multistate Essay Exam (MEE).
Recommended for the following Professional Pathways: Corporate Transactions and Governance; Health Care Management and Compliance; Labor and Employment (Corporate Perspective); Real Estate and Land Use; Tax; Trusts and Estates; Civil Rights/Civil Liberties; Government/Public Sector; Labor and Employment; IP/Copyright and Trademark; Media, Entertainment, Sports, Fashion; Tech/Privacy; General Practice – Litigation/Dispute Resolution; General Practice – Transactional