Remedies

Question 1

Plaintiff can get any remedy even if they didn’t ask

Answer 1

Turner

Question 2

Types of damages

Answer 2

Nominal, compensatory, punitive

Question 3

A civil rights violation —- punitive

Answer 3

Does not alone lead to

Question 4

Policy behind punitive damages

Answer 4

Deter and express public disapproval

Question 5

Compensatory damages —-

Answer 5

Return P to where they were before harm

Question 6

Exxon Shipping Holding

Answer 6

Appropriate ratio compensatory to punitive damages is 1:1

Question 7

Takeaway from Carey

Answer 7

Due process violation itself is not a harm

Question 8

Carey holding

Answer 8

In absence of proof of actual injury, P only gets nominal damages (for due process violation)

Question 9

Rule from Carey- Damages are designed to..

Answer 9

Compensate victims for actual injuries caused by deprivation of rights

Question 10

Carey dealt with what statute

Answer 10

Title 42 Civil Rights Act Section 1983

Question 11

According to Carey what is the purpose of due process?

Answer 11

Prevent mistaken deprivation (not worth much on its own)

Question 12

According to Carey, why is due process not worth much on its own?

Answer 12

Not every violation of it causes distress. Have to show evidence

Question 13

The people bound under R65d2 are —

Answer 13

Parties, their agents, and those working in active concert/participation with parties/agents

Question 14

What are preliminary injunction criteria?

Answer 14

Likelihood of success, likelihood of irreparable harm without injunction, balance of equities tips in favor, injunction in public interest

Question 15

Permanent injunction criteria

Answer 15

success, inadequacy of monetary damages, balance of equities tips in favor, injunction in public interest

Question 16

Walgreen Co is binding —-

Answer 16

Only in the 7th circuit

Question 17

Walgreen Co ruled that injunctive relief was appropriate because —-

Answer 17

Damages were too speculative

Question 18

Walgreen Co Rule

Answer 18

Choosing between remedies requires CBA of alternatives

Question 19

Walgreen Co holding

Answer 19

Reasonable to choose permanent injunction over damages in some contract breach cases (like here)

Question 20

What is the benefit of the injunction in Walgreen Co?

Answer 20

Shift burden of determining cost from court to parties (Walgreen knows at what price will break lease)

Question 21

Walgreen Co is —- for when damages inadequate

Answer 21

Not the usual reasoning

Question 22

Walgreen Co not —- injunction test but — it

Answer 22

Dispelling, evolving

Question 23

The PLRA orders limiting prison population when

Answer 23

Crowding main issue/no other relief will remedy, extends no further than necessary to fix, narrowly drawn and substantial weight on public safety

Question 24

Brown Holding

Answer 24

Court upheld injunction requiring reduction of CA prison population (exact plan up to state)

Question 25

What was standard review argument in Brown

Answer 25

Clear error standard (don’t get to undo trial court fact finding) , dissent wants de novo Disagree about whether overcrowding as primary issue was Q of fact or law

Question 26

What was reasoning for narrowly drawn in Brown

Answer 26

Just because positive effects beyond P class (sick prisoners) doesn’t mean fail narrow tailoring, all prisoners at risk

Question 27

Hall is only binding in

Answer 27

5th and 11th circuits

Question 28

De Novo meaning

Answer 28

Decide from scratch

Question 29

Questions of law from trial court are reviewed —- by appellate courts

Answer 29

De novo

Question 30

Prima facie review

Answer 30

Acknowledge record but make whatever decision you want

Question 31

Clear/plain error review

Answer 31

Error obvious on appeal, affects substantial rights, AND damages reputation of proceedings

Question 32

Affects substantial rights means..

Answer 32

Determines who wins

Question 33

Questions of fact from trial court reviewed — by appellate courts

Answer 33

Clear error standard

Question 34

Standards of review come from

Answer 34

Statutes or common law

Question 35

Abuse of discretion standard

Answer 35

Clearly against logic and facts, fact finding may be right but wrong legal decision

Question 36

(mixed Q law and fact or balancing tests) by trial court determine by appellate court using this standard

Answer 36

Abuse of Discretion

Question 37

Substantial evidence standard

Answer 37

Evidence that would allow factfinder to make the decision (doesn’t matter if you disagree or think evidence outweighed)

Question 38

Conclusive review

Answer 38

What lower court says stands

Question 39

Hall Rule

Answer 39

Court of equity have inherent jurisdiction to protect their ability to render judgment

Question 40

Hall holding

Answer 40

District court allowed to protect ability to give judgment by issuing interim injunction against undefinable class of persons

Question 41

How is Hall different from Walker

Answer 41

Hall not named party on injunction

Question 42

Hall court could restrict Hall because

Answer 42

Interfering with “property” of the court, actual notice, imperiled court ability to make binding injunction

Question 43

Hall court rules that R65 not meant to —— and FRCP

Answer 43

Limit court power to issue injunctions, incomplete codification

Question 44

What rule is at issue in Hall

Answer 44

65d, persons bound by ex parte injunction

Question 45

Winter rule

Answer 45

Preliminary injunction test (likely succeed, likely irreparable harm, balance of equities and public interest favor injunction)

Question 46

Winter holding

Answer 46

Reject preliminary injunction since equities in favor of Navy

Question 47

Winter used —- review because

Answer 47

Abuse of discretion, public safety so outweighed injunction for whales that constituted abuse

Question 48

Preliminary injunction test is not a —- because —

Answer 48

Balancing test, all must be met a minimum threshold

Question 49

Preliminary injunctions are meant to —

Answer 49

Preserve the status quo

Question 50

Winter found issue in using injunction to preserve status quo because

Answer 50

Navy had been testing there for years, what is status quo at question

Question 51

Winter found that irreparable harm must be —-

Answer 51

Likely not just possible

Question 52

What is lodestar calculation for attorney fees

Answer 52

Reasonable number of hours X reasonable rate

Question 53

What case determined lodestar calculation for attorneys fees

Answer 53

Hensley

Question 54

Venegas rule

Answer 54

Use lodestar calculation for attorney shifting rules

Question 55

Venegas holding

Answer 55

Section 1988 not cap or reasonable limit on attorney fees in general (only for shifting)

Question 56

Rule 68 says defendant can

Answer 56

Make settlement offer enforceable by court

Question 57

Rule 68d says that if jury verdict —- then P must —-

Answer 57

Lower than settlement offer, pay own costs incurred after offer

Question 58

42 U.S.C. 1988 b allows

Answer 58

Prevailing party on civil rights case to recover reasonable attorneys fees

Question 59

Marek rule

Answer 59

Attorney fees in any cost shifting scheme subject to cost shifting provision of 68

Question 60

Marek holding

Answer 60

A D not liable for post settlement offer attorneys fees under 42 U.S.C. 1988 IF judgment less than settlement offer

Question 61

Marek court says that attorneys fees are costs under 68 because

Answer 61

Plain meaning, in line with statute objectives and Congress silence on changing rules evidence

Question 62

How is Marek in line with statute aims

Answer 62

Encourages civil rights suits/settlements not necessarily litigation

Question 63

Marek dissent points out that the definition of costs in 68

Answer 63

Makes other FRCP rules with word costs inconsistent