I. Intro
a. The right to a remedy
i. where there is a right there is a remedy
1. a right entails a correlative duty to act or refrain from acting for the benefit of another person
2. not every violation of law violates an individual’s right; not every violation of a right gives rise to a cause of action in federal or state court
II. Injunctions
a. Definition- an equitable remedy; order that directs a person to act or refrain from acting in a specified way; Order that directs Defendant’s behavior to prevent future harm
i. Order (not $) to…
1. Act (Mandatory/Affirmative Injunction)
2. Or not act (Prohibitory/Negative Injunction)
b. PROSPECTIVE: operates in future
i. MODIFIABLE: can change or terminate injunction
c. ENFORCED: by contempt
i. In personam order – personal order to the Def
ii. modifiable
d. Types of Injunctions
i. Special types
1. Specific performance: injunction to perform
2. Writ of Mandamus: order to public or corporate officer to perform ministerial duty
3. Writ of Prohibition: order to judge (inferior court) to refrain from unwarranted conduct
a. OHIO prevalent: Bar Q: distinguish from appeal
b. DeRolph School funding, recent case custody jdx
4. Habeas corpus: order to justify detention or release (prison, child custody)
a. A civil writ
b. (see pp. 183-85)
ii. 4 types of permanent, temporary relief
1. PREVENTIVE
a. Designed to stop harm
b. Simplest of all types: “STOP THE HARM”
c. E.g. Company must stop discrimination on the basis of sexual orientation
2. REPARATIVE
a. “Repairs” or undoes the past by stopping the continued consequences of harm
b. Prevents ongoing CONSEQUENCES of harm
c. Undoes, repairs, corrects the past
d. Examples:
i. E.g. Company that discriminated in promotion decision must promote Chris Smith to position of sales manager
ii. Miller?
1. Cleaning it up
iii. Doyle?
1. Wanted his job back
iv. Bell v. Southwell?
1. Redo the election
3. PROPHYLACTIC
a. Prevents harm by imposing precautions or safeguards to address facilitators of harm
b. Designed to address FACILITATORS of harm
i. Facilitator- is something other than the harm itself
c. Order pr
ii. Past violations
iii. Continuing violations
d. Remedial Ripeness: too early, no chance of harm
i. Inappropriate to enjoin
e. Remedial Mootness: too late, threat over
i. Inappropriate to enjoin
2. IRREPARABLE INJURY
a. remedies available at law are inadequate to compensate for that injury
b. Equity only prevents injury irreparable at law
i. Not enough to show injury-in-fact
ii. Must also show no adequate legal remedy is available
1. Damages-money
c. “Irreparable” = no adequate legal remedy
Q: Are there adequate damages available?
