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Questions and Answers
What is the primary legal basis for a court to enforce an injunction preventing the sale of goods abroad?
What is the primary legal basis for a court to enforce an injunction preventing the sale of goods abroad?
- The defendant's financial stability.
- The defendant's citizenship status.
- The trademarks of foreign enterprises.
- The impact of the defendant's conduct on US commerce. (correct)
Which factor is NOT considered in the multi-factor test for extraterritorial enforcement of a trademark?
Which factor is NOT considered in the multi-factor test for extraterritorial enforcement of a trademark?
- The defendant's citizenship.
- The amount of money involved in the sale. (correct)
- The foreign trademark rights.
- The substantial effect on US commerce.
What type of relief is a temporary restraining order (TRO) classified as?
What type of relief is a temporary restraining order (TRO) classified as?
- Equitable relief.
- Interlocutory relief. (correct)
- Monetary relief.
- Permanent relief.
According to the Seventh Amendment, which of the following scenarios preserves the right to a jury trial?
According to the Seventh Amendment, which of the following scenarios preserves the right to a jury trial?
In Dairy Queen v. Wood, what type of relief was the plaintiff seeking?
In Dairy Queen v. Wood, what type of relief was the plaintiff seeking?
Which of the following is considered when assessing whether a permanent injunction should be issued?
Which of the following is considered when assessing whether a permanent injunction should be issued?
What was the ultimate outcome for the defendant in United States v. McNulty after he refused to comply with the court's order?
What was the ultimate outcome for the defendant in United States v. McNulty after he refused to comply with the court's order?
What is the primary purpose of a constructive trust?
What is the primary purpose of a constructive trust?
Which of the following is a misconception about equitable restitution?
Which of the following is a misconception about equitable restitution?
In the context of unjust enrichment, what does 'tracing' refer to?
In the context of unjust enrichment, what does 'tracing' refer to?
Which fallacy implies that the legal remedy is always adequate?
Which fallacy implies that the legal remedy is always adequate?
What is the significance of the maxim 'equity acts in personam'?
What is the significance of the maxim 'equity acts in personam'?
What does the term 'quasi-contract' imply?
What does the term 'quasi-contract' imply?
In the case of B.Kistler v Stoddard, what is one of the methods to measure unjust enrichment?
In the case of B.Kistler v Stoddard, what is one of the methods to measure unjust enrichment?
What aspect of legal restitution differs from a contract implied in fact?
What aspect of legal restitution differs from a contract implied in fact?
What was the total amount awarded by the court for General’s life?
What was the total amount awarded by the court for General’s life?
What does the Common Law Collateral Source Rule prohibit?
What does the Common Law Collateral Source Rule prohibit?
How does the state of Indiana's Supreme Court view the calculation of 'reasonable value of medical services'?
How does the state of Indiana's Supreme Court view the calculation of 'reasonable value of medical services'?
Which of the following accurately describes the trends regarding the Collateral Source Rule across states?
Which of the following accurately describes the trends regarding the Collateral Source Rule across states?
In the context of medical damage recovery, how should reasonable value be calculated?
In the context of medical damage recovery, how should reasonable value be calculated?
What was the amount of medical expenses mentioned for the plaintiff in Patchett v. Lee?
What was the amount of medical expenses mentioned for the plaintiff in Patchett v. Lee?
Which scenario is represented as a potential adjustment to the Collateral Source Rule?
Which scenario is represented as a potential adjustment to the Collateral Source Rule?
What is one implication of the Tort Reform related to the Collateral Source Rule?
What is one implication of the Tort Reform related to the Collateral Source Rule?
What can a plaintiff recover if the trust res was invested and gained value?
What can a plaintiff recover if the trust res was invested and gained value?
Under what circumstance can a plaintiff recover a homestead that was part of a constructive trust?
Under what circumstance can a plaintiff recover a homestead that was part of a constructive trust?
What does the court state about substituting life insurance policies in the Simonds case?
What does the court state about substituting life insurance policies in the Simonds case?
In the context of constructive trusts, what is essential for a plaintiff to trace their interest?
In the context of constructive trusts, what is essential for a plaintiff to trace their interest?
What happens if the defendant's debts exceed their assets regarding the constructive trust?
What happens if the defendant's debts exceed their assets regarding the constructive trust?
What principle does a constructive trust embody in equity?
What principle does a constructive trust embody in equity?
What can the plaintiff recover if their asset is an heirloom?
What can the plaintiff recover if their asset is an heirloom?
According to the findings in Rogers v. Rogers, what aspect related to agreement language was deemed unnecessary?
According to the findings in Rogers v. Rogers, what aspect related to agreement language was deemed unnecessary?
What is required for a contract implied in fact to exist?
What is required for a contract implied in fact to exist?
According to the doctrine of unjust enrichment, what must be shown to claim recovery?
According to the doctrine of unjust enrichment, what must be shown to claim recovery?
What conclusion did the court reach in Kossian v. American National Insurance Co. regarding unjust enrichment?
What conclusion did the court reach in Kossian v. American National Insurance Co. regarding unjust enrichment?
In Knaus v. Dennler, why was the defendant not found to have accepted a benefit voluntarily?
In Knaus v. Dennler, why was the defendant not found to have accepted a benefit voluntarily?
What does the concept of 'double dipping' refer to in the context of unjust enrichment?
What does the concept of 'double dipping' refer to in the context of unjust enrichment?
What is the essential nature of equity cases, as mentioned in the content?
What is the essential nature of equity cases, as mentioned in the content?
What does it mean when a benefit is described as having been conferred 'gratuitously'?
What does it mean when a benefit is described as having been conferred 'gratuitously'?
What was Bruce Kossian's claim against the bank in Kossian v. American National Insurance Co.?
What was Bruce Kossian's claim against the bank in Kossian v. American National Insurance Co.?
What does the law require the plaintiff to do in terms of mitigating damages?
What does the law require the plaintiff to do in terms of mitigating damages?
Which statement accurately reflects the common law rule regarding economic losses?
Which statement accurately reflects the common law rule regarding economic losses?
In the context of a disabled veterinarian specializing in equine surgery, what is true about her employment options?
In the context of a disabled veterinarian specializing in equine surgery, what is true about her employment options?
What does the term 'avoidable consequences' refer to in legal discussions?
What does the term 'avoidable consequences' refer to in legal discussions?
Which of the following scenarios is likely an exception to the economic loss rule?
Which of the following scenarios is likely an exception to the economic loss rule?
Which of the following correctly states the implications of the majority's ruling on the admissibility of seatbelt use in negligence cases?
Which of the following correctly states the implications of the majority's ruling on the admissibility of seatbelt use in negligence cases?
Why is it important for defendants to limit liability for economic losses in a commercial context?
Why is it important for defendants to limit liability for economic losses in a commercial context?
What is the relationship between 'mitigation of damages' and 'avoidable consequences' as used in legal terminology?
What is the relationship between 'mitigation of damages' and 'avoidable consequences' as used in legal terminology?
Flashcards
Conceded Damages
Conceded Damages
Damages the defendant agrees to pay, in this case, $8794, for funeral, medical expenses, and car damage.
Medical Damages Calculation
Medical Damages Calculation
Calculating medical expenses involves determining the "reasonable value" of the medical services needed to treat the injuries.
Collateral Source Rule
Collateral Source Rule
A legal rule preventing evidence of compensation (e.g., insurance) received by the injured party from outside sources (like their insurance) from influencing the amount of damages awarded.
Modified Collateral Source Rule
Modified Collateral Source Rule
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Reasonable Value of Medical Services
Reasonable Value of Medical Services
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Patchett v. Lee
Patchett v. Lee
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General's Value of Life
General's Value of Life
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Total Damages Awarded
Total Damages Awarded
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Mitigation of Damages
Mitigation of Damages
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Avoidable Consequences
Avoidable Consequences
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Economic Loss Rule
Economic Loss Rule
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Economic Loss
Economic Loss
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Contributory Negligence
Contributory Negligence
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Comparative Negligence
Comparative Negligence
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Assumption of Risk
Assumption of Risk
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Last Clear Chance
Last Clear Chance
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Extraterritorial Injunction
Extraterritorial Injunction
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Substantial Effect on US Commerce
Substantial Effect on US Commerce
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Encroach on Foreign Trademark Rights
Encroach on Foreign Trademark Rights
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Repatriate Assets
Repatriate Assets
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Personal Jurisdiction
Personal Jurisdiction
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Seventh Amendment
Seventh Amendment
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Injunctive Relief
Injunctive Relief
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Dairy Queen v. Wood
Dairy Queen v. Wood
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Unjust Enrichment
Unjust Enrichment
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Constructive Trust
Constructive Trust
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Tracing
Tracing
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Restitution Mistakes
Restitution Mistakes
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Contract Implied in Law
Contract Implied in Law
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Equitable Maxim 'Equity Acts in Personam'
Equitable Maxim 'Equity Acts in Personam'
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Synonym Games
Synonym Games
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Kistler v. Stoddard
Kistler v. Stoddard
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Quasi-Contract
Quasi-Contract
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Officiously Conferred Benefit
Officiously Conferred Benefit
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Voluntarily Accepted Benefit
Voluntarily Accepted Benefit
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Restitution
Restitution
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Double Dipping
Double Dipping
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Privity of Contract
Privity of Contract
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Equitable Doctrine
Equitable Doctrine
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Substituted Trust Res
Substituted Trust Res
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Simonds v. Simonds
Simonds v. Simonds
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What is the test for constructive trust?
What is the test for constructive trust?
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Consequences of Tracing for Constructive Trust
Consequences of Tracing for Constructive Trust
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What is the significance of the 'all the more evident' language in Simonds?
What is the significance of the 'all the more evident' language in Simonds?
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What is the 'persistence of the promise's equitable interest' in Simonds?
What is the 'persistence of the promise's equitable interest' in Simonds?
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Study Notes
Equitable Remedies
- Used when legal remedies are inadequate
- Goals for plaintiff: specific performance, injunction, awarding money
- Goals for defendant: transfer of property, injunction, confinement, money judgment
- Tort goals: preventing torts, restoring status quo, compensating plaintiffs for harm, deterrence, establishing and declaring plaintiff's rights, punishment of wrongdoers
- Contract goals: fulfilling plaintiff's expectations of gain, restoring losses and reliance expenditures, restitution, punishing bad behavior, deterring bad behavior, clarifying or terminating contractual rights
- Unjust enrichment goals: unjust enrichment (often with torts or contracts), restitution, theory: restoring benefits unfairly held by defendant
Modern Damages
- Damages (torts): compensate, restore to position before defendant's actions
- Non-compensatory money:
- Nominal damages
- Attorney fees and costs
- Punitive damages
- Restitution
- Statutory Damages
- Proving existence of damages (e.g., Youst v. Longo case): interference with a plaintiff's chance in a sports contest doesn't lead to tort liability for interference with prospective economic advantage, but sports are inherently unpredictable.
Calculating Medical Damages
- Common Law Collateral Source Rule used to bar evidence of compensation from collateral sources (e.g. insurance)
- Tort Reform of Collateral Source Rule- Many states have altered the common law rule by statute, either abolishing it or modifying it, e.g., some treat collateral source rule differently only for medical malpractice
- Calculating reasonable value of medical services is determined by the medical bills or a value deemed appropriate for full satisfaction by both sides
Plaintiffs' Pain and Suffering
- Physical pain, grief/bereavement, fear/terror, frustration
- Loss of enjoyment of life: a type of compensation often recoverable in combination with other pain and suffering categories
Avoidable Consequences
- Disabled vets, career changes, and alternative employment requirements
- Avoiding avoidable consequences is the required level of effort an injured party must make to mitigate their damages
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