Download Professor Field's Remedies Final Examination Fall 2005 and more Exams Law in PDF only on Docsity! Professor Field Remedies Final Examination Fall 2005 Instructions This is a three-hour, open-book exam ; you may consult any written materials . You may not discuss the exam with others . The exam is in three parts . Answer only 5 of 8 questions in Parts I and II. Do not waste time by answering more ; I will grade only the first five . Write your carefully labeled and we//-organized answers on only one side of blue-book pages (preferably in the order presented) . Unless your handwriting is unusually large, I expect no more than one page for each Part I answer, two for each Part II answer, and three for the answer to Part III . I . 25 Points Answer any FIVE questions (5 points each) 1 . Explain how expectancy and compensatory damages are fundamentally the same . Contrast the circumstances in which they are potentially available . 2 . In what major way are unclean hands and in par' delicto similar? When will (which?) one of them be unlikely to bar relief permanently? 3 . As discussed in class, the notion that government cannot be estopped is, at best, misleading . In some circumstances, it is wrong . When is it misleading ; when, wrong? 4 . What is remittitur ; additur? In what important way(s) do they differ? 5 . What is the principle advantage of an injunction over replevin in circumstances where the latter is available? 6 . What are rescission and reformation? When are they, respectively, appropriate? 7 . When are permanent injunctions denied for undue hardship ; when not? 8 . When are declaratory judgment actions unavailable for testing the constitutionality of criminal statutes; why? 11. 50 Points Answer any FIVE questions (10 points each) I . Under what circumstances might both damages and profits be available? Discuss differences between them in terms of needed proof and the parties' respective burdens . 2 . Discuss the main differences between (a) temporary restraining orders, (b) preliminary injunctions and (c) permanent injunctions . Give examples of when a court would, and would not, need to exercise continuing jurisdiction following a permanent injunction . 3 . What are the three types of contempt? What are their functions; who prosecutes each? Which is subject to a collateral bar? 4 . What relief is available against states under 42 U.S.C . § 1983? How does the treatment of states and their officers differ ; what compels it? How does 42 U .S.C . § 1988 differ? 5 . How do awards of damages and specific performance serve the same end? Discuss two situations in which specific performance is likely to be granted ; compare two when it is not . 6 . How are one-way fee shifting and punitive damages similar? In what extent is each limited by the ratio of respective recoveries to the amount of compensatory damages awarded? 7 . What justifies the American fee-shifting rule (compared to what alternative)? When does one-way fee shifting raise serious ethical problems? Why is two-way fee shifting uncommon?
