Remedies is the study of the legal and equitable relief that a client may obtain as a result of litigation. In effect, selecting the appropriate remedy to meet your client goals, deciding how to measure the remedy and deciding how to enforce it are paramount professional responsibilities. This course is taught as a capstone experience. Students will have both opportunities for review of basic courses (i.e. torts, property, contract, and civil pro) and for obtaining new insights on the lawyering process and the institutions that comprise the legal system. Because it cuts across substantive and procedural subject matters, it makes a excellent capstone course. If a student takes a few moments with each problem to review the substantive and procedural law background, he will be able to integrate much of his prior learning into a big picture.
Remedies is a extremely practical course. When a client comes into your office with a problem, the question that is usually foremost in her mind is "what is the solution?" The solution, in litigation, is a remedy. However, because legal problems do not come neatly packaged or identified as matters of tort, contracts, or property, one of the objectives of this course is to develop a holistic approach to legal problem-solving. Remedies almost always involve issues of discretion: discretion of the judge in fashioning an equitable remedy, discretion of the jury in assessing damages, and discretion of law makers in setting the boundaries for these determinations. Discretion means that lots of intriguing factors, often unstated, can influence a decision. If we understand those underlying factors, we can be much more effective in predicting outcomes and persuading decision makers.
This syllabus is an indispensable study tool. It provides the student with specific guidelines as to my expectations regarding what you should learn, what skills and knowledge I appreciate and how I arrange the content of the course.