Equitable Defenses Multiple Choice Flashcards
(7 cards)
Which of the following best describes a situation where the affirmative defense of laches
would be successful.
A. The plaintiff did not prove the delay in filing the lawsuit was reasonable, and that the
defendant was not prejudiced by the delay.
B. The defendant proved that the plaintiff’s delay in filing the lawsuit was unreasonable,
and that the delay in filing was prejudicial to the defendant.
C. The defendant proved that the lawsuit was filed after the expiration of the statute of
limitations for an analogous legal claim.
D. The plaintiff did not prove when he first had knowledge of the facts giving rise to the
claim.
B (A is wrong because an affirmative defense must be proven by the defendant)
An employee of a technology company is fired for inadequate performance. Two years later, the employee sues the company for gender discrimination and seeks an injunction requiring the company to rehire her. The employee’s annual performance review for the year before she was fired contained mostly negative comments and would be a crucial piece of evidence for the company in defending against the suit. The company no longer has the performance review, however, because it destroys all records more than one year old. The company asserts the defense of laches against the employee’s lawsuit. Which of the following is the most likely ruling on the laches defense?
A. It will be successful because the lawsuit was filed more than one year after the
incident.
B. It will be successful because the passage of time has made it more difficult to grant
the equitable relief.
C. It will not be successful because the defendant cannot show prejudice resulting from
the delay
D. It will not be successful because the plaintiff did not unreasonably delay filing suit
D - Two years is not so long. Prejudice caused by company deleting its documents.
is a common example of prejudice sufficient to support a laches defense?
A. The lawsuit will result in a monetary judgment against the defendant
B. A witness favorable to the defense is dead or cannot be located
C. The defendant is no longer expecting to be sued
D. The plaintiff is now more sympathetic to the jury
B
When a defendant shows there was unreasonable delay in filing the lawsuit and resulting
prejudice, a laches defense:
A. Will certainly be successful
B. Will not be successful
C. May or may not be successful, depending on the length of delay and the severity of the prejudice
D. Will be successful only if the statute of limitations for an analogous claim has expired
C
Which of the following is true about the unclean hands defense?
A. Unclean hands is not an affirmative defense
B. Unclean hands can be alleged when the defendant has engaged in misconduct directly
related to the litigation
C. Unclean hands protects the integrity of the court
D. Unclean hands bars a lawsuit when the plaintiff has engaged in any kind of serious
misconduct
C (B is wrong because it should say plaintiff not defendant)
Jennifer sues her former employer for wrongful termination, alleging she was fired
because she reported safety violations to the authorities. The employer files an answer to the complaint asserting the defense of unclean hands. During trial, the employer proves that after Jennifer was fired it was discovered that she embezzled $25,000 during her tenure. How should the court rule on the employer’s unclean hands defense?
A. The court should find that the employer has not proven the defense because the plaintiff’s misconduct is not sufficiently related to the litigation
B. The court should find that that employer has not proven the defense because the
misconduct is relatively insignificant
C. The court should find that the employer has proven the defense, but it does not
categorically bar the plaintiff’s cause of action
D. The court should find that the employer has proven the defense because the plaintiff
engaged in misconduct related to the litigation.
A
Brandon sues his next-door neighbor for constructing a bowling alley in the backyard.
Brandon’s complaint asserts the noise from the bowling alley is a nuisance and seeks an injunction requiring the bowling alley to be demolished. The complaint also asks for monetary damages for emotional distress Brandon has suffered from the nuisance. The neighbor asserts a laches defense against the claim for an injunction. The neighbor presents evidence that Brandon knew the bowling alley was being constructed four years ago. Had he raised his concerns then, the bowling alley would not have been completed and it would not cost so much to demolish. The statute of limitations for a nuisance claim in this jurisdiction, however, is five years. The trial court denies the request for an injunction because of the laches defense, finding that Brandon unreasonably delayed filing suit and the neighbor was prejudiced. The jury finds that Brandon has proven the elements of nuisance, and awards emotional distress damages in the amount of $100,000. Both Brandon and the neighbor appeal. What is the likely result?
A. The judgment will be affirmed because there is evidence to support the trial court’s laches finding but that does not preclude legal relief
B. The judgment will be affirmed because there is evidence to support the damages
award and a request for an injunction cannot be appealed
C. The judgment will be reversed, and the matter remanded for the trial court to make
the necessary findings regarding the laches defense
D. The judgment will be reversed because the statute of limitations had not yet expired
when suit was filed.
A - Burden too large against defendant
