Statutory Remedies Multiple Choice

Question 1

Which of the following things about statutory remedies is accurate?

A. A plaintiff is automatically entitled to a statutory remedy upon proving a violation
of the statute?
B. Statutory remedies can be legal or equitable
C. An injunction cannot be a statutory remedy because it requires proof of certain
elements
D. A Legislature cannot provide that a plaintiff is automatically entitled to a certain
remedy upon prevailing in an action.

Answer 1

B

Question 2

What is the most important consideration in determining whether a plaintiff must
prove entitlement to a statutory remedy or is automatically entitled to it?

A. Whether justice requires automatic entitlement to the remedy?
B. Whether the remedy is legal or equitable
C. The nature of the defendant’s misconduct
D. Legislative intent

Answer 2

D - Legislature can choose proof of entitlement OR automatic entitlement

Question 3

A plaintiff sues her employer for violating a statute that prohibits smoking in the workplace. She seeks an injunction requiring the employer to comply with the statute in the future. The statute provides for injunctive relief as a remedy for a prevailing plaintiff, with the following language: “A plaintiff who prevails in an action under this section and has shown injunctive relief is required to prevent irreparable harm shall be entitled to an injunction.” At trial, the plaintiff proves the employer violated the statute, but the court finds she has not shown any likelihood of irreparable harm from smoking in the workplace because she works remotely. Is the plaintiff entitled to an injunction?

A. Yes, because it is a statutory remedy and the plaintiff prevailed in an action
under the statute
B. Yes, because a plaintiff can elect remedies upon prevailing in an action
C. No, because the statute requires proof of irreparable harm for an injunction
D. No, because the plaintiff has not satisfied the traditional test for injunctive relief

Answer 3

C - Statute chose to require proof of irreparable harm

Traditional test for injunction:

Irreparable Injury: The plaintiff must show that they will suffer harm that cannot be adequately remedied by monetary damages.
Likelihood of Success on the Merits: The plaintiff must demonstrate a substantial likelihood of success in their case.
Balance of Equities: The harm to the plaintiff must outweigh the harm to the opposing party if the injunction is granted.
Public Interest: The injunction must not be adverse to the public interest.

Question 4

If the statutory text is unclear about whether a remedy it provides is exclusive, a court will likely determine that a plaintiff who prevails in an action under that statute:

A. Is not entitled to any remedy
B. Is entitled to the statutory remedy but may also be entitled to other remedies, if
the statute codified an existing right
C. Is entitled only to the statutory remedy, unless limiting the plaintiff to that
remedy would be unjust
D. Is entitled to the statutory remedy in addition to any other available remedy

Answer 4

B

Question 5

A statute prohibits selling ice cream from a vehicle without a permit and allows a private right of action for any consumer who has purchased ice cream from an unpermitted seller. The statute provides that, “a consumer who prevails in an action under this section shall be entitled to an injunction as the remedy for a violation.” One hot summer day, George buys ice cream from a local trunk for his entire neighborhood, at a cost of $1800. After paying the money, the truck drives away without providing the ice cream. George later discovers the vendor is not permitted, and sues him, alleging a single cause of action for violation of the permit statute. He seeks an injunction prohibiting the vendor from selling ice cream without a permit in the future, and also seeks compensatory damages in the amount of $1,800. What is the most likely result upon George prevailing in the lawsuit?

A. He will be entitled to an injunction but not compensatory damages because the
statute is clear that an injunction is the exclusive remedy for a violation.
B. He can elect between either an injunction or compensatory damages because the statute provides for an injunction, but he also suffered a monetary loss.
C. He will be entitled to an injunction and compensatory damages because the
statute provides for an injunction, but he also suffered a monetary loss.
D. He will be entitled to an injunction and may be entitled to compensatory
damages, depending on if there was an existing right to sue unpermitted ice cream vendors.

Answer 5

D

Question 6

What remedy is provided by the following statutory text?
“Any plaintiff who prevails in an action under this section shall be entitled to the return of any benefits, gains, or enrichment received by the defendant as a consequence of a violation.”

A. Damages
B. Monetary penalty
C. Restitution
D. Injunction

Answer 6

C - Restitution- Prevent wrongful gains

Question 7

Which of the following things about statutory remedies is not accurate?

A. When a statute provides a remedy, a plaintiff cannot obtain any other remedies in
an action under that statute
B. A plaintiff may automatically be entitled to a statutory remedy upon proving a
violation of the statute
C. A legislature can determine what remedies are available for violation of a statute
D. An injunction is a kind of statutory remedy

Answer 7

A