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Santa Clara University School of Law
Epperson, Lia

Reading notes and lecture outline
8/22/07 Lecture
I.        Admin Matters
II.     Intro to Remedies.
III.   Overview of Injunctions
a.      TRO Clinton
b.      Preliminary Injunction – Adams
I.        Exam Thur. Dec 10th. M/C, format will be given closer to exam time. 
I.            Introduction to Remedies (CB 1-12)
            Course divided into four parts: 1) injunctions/specific relief 2) damages 3) restitution 4)declaratory judgments.
Remedies is subdivided into a number of categories including:
            Specific relief- remedies the wrong by requiring the defendant to perform a legal duty such as returning stolen property or performing the terms of a contract.
            Substitutionary relief- substitutes money for the specific relief.
            Declaratory relief- tells people what their rights are, but orders no other remedy.
            Equitable relief v. legal relief (historical in nature)- see text pg 1. 
A.                 Historical Introduction to Law and Equity
–          Book tells how system arose. 
–          Development of Equity from the Common Law-First there was community customary courts, then King Henry II made a national system of courts which replaced it and there was no distinction between law and equity.  A justice in a court could grant relief either by legal or equitable type, as part of the common law. 
–          Development of Equity as an Independent Court- During 13th and 14th C’s, the law courts became less flexible and less open to new forms of writs. If petitioners’ cases did not fit within the confines of existing writs, relief was unavailable. The law courts became less willing to grant specific performance, injunctions, or other types of specific relief.
o        Further problems with the court include powerful defendant’s were not obedient, juries as factfinders was a problem… also court only decided issues with monetary damages, not specific performance. 
o         IN response to the problem the Court of Chancery was created. Frustrated law petitioners began taking their cases directly to the king, who led them to the Chancery. CONSEQUENTLY, Chancery, or “Equity,” had come to be a separate court. 
o        The procedures in the two courts differed greatly. Main difference= The law courts were in rem and no contempt of court. The Equity courts had contempt. See text page ¾
o        Equity also had injunctions and specific performance. See examples page 4
o        Equity also developed the doctrine of uses and the law of mortgages. The law of use was like a trust (lifetime beneficiary). Law of mortgages- Equity courts provided relief to landowner/borrower against a lender which the Law courts did not. 
–          Conflict between Law and Equity Resolved- cases involving similar facts were solved differently dep

largely complete. 47 states have accomplished such a procedural merger. 
B.                  Law and Equity After Procedural Merger
–          As a result of the merger process, certain procedures associated with equity have lost their equitable identification. 
o        Interpleader is an example- equity took over interpleader because they could effectively enjoin the claiming parties into one case. However, the Federal Rules of Civil procedure relaxed traditional equitable requirements and returned interpleader to the courts of law for wide usage I those cases which expose a defendant to multiple claims for the same debt or property. 
o        Despite merger process, many substantive doctrines that were developed in equity, such as subrogation, the mortgagor’s equity of redemption, and promissory estoppels, continue to retain the equitable identification. Further, 7th amendment of Constitution allows for right to jury in actions at LAW, but not in EQUITY. 
–          There still are two different areas today
Legal remedies- Usually a judgment IN REM (attaches to property). / known as substitutionary relief / seeking assets / Jury trial /