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Course Descriptions

Course Descriptions

Remedies (Spring 2019)

  • Course Number: LAW-625
  • Class Number: 03265
  • Instructor: Mark Borenstein

Course Description

You’ve drafted your complaint but if you win, what do you want the court to do?  Or you won, now what? How do you maximize your client’s recovery? Or, if you lost, how do you minimize your client’s exposure to damages and injunctive relief? This course emphasizes the practical aspects of litigation, and reviews from a different perspective, many of subject matters often covered on the “Test” (aka the bar exam).

The course will examine a wide variety of modern American litigation remedies, including compensatory and punitive damages, preliminary and permanent injunctions, restitution and unjust enrichment, rescission, declaratory judgments, attorneys’ fees, and pre-judgment interest.  The course will also cover useful and important remedies such as quiet title, reformation, equitable and express subrogation, contribution, indemnity, as well as replevin (or in modern California language, claim and delivery), writs of attachment and other pre-judgment remedies.  In addition, because, as the author of the casebook notes, “a money judgment is nothing but a handsome piece of paper suitable for framing,” the course will also review post judgment procedures for enforcing money and non-money judgments, initiating and prosecuting contempt proceedings, appointing receivers and imposing constructive trusts.  The course will conclude with equitable and other remedies available to defendants, such as unclean hands, unconscionability, waiver, estoppel, laches, statutes of limitations, and California’s anti-SLAPP law.  We will also briefly deal with how arbitration is an overlay to the remedies landscape, often narrowing or sometimes vastly expanding available remedies. The course is a mixture of PowerPoint slides, white board notes, lecture, handouts and guest discussions. It is a participation course, so your legal thinking and strategizing is also important.

Course Details

  • Unit Value: 3
  • Grading Options: Numerical or CR/D/F
  • Schedule: T/Th 5:30 pm - 6:45 pm
  • Room Number: Room 1
  • Exam: In-class exam
  • Writing Requirement: No
  • Skills/Experiential Unit Requirement: no
  • Participation: Points will be awarded