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					What to Sue For?
            Structuring Goals and Remedies


-- so far, we’ve talked about which court to select
-- now we want to talk about something else:
   • why are we doing this in the first place?
   • what is it that we want out of this transaction?
   • What types of rules apply to the kind of thing we want?
-- There are different types of lawsuits, each with distinct
procedure
   Criminal cases, civil cases, equitable remedies, damages,
   etc.
   … let’s take a look …
                                  final
object       label   resolution   order   execution


 The goal
 that we
 want out of
 the litigation
                                   final
object    label       resolution   order   execution


         What we call
         the lawsuit
         that facilitates
         this goal
                              final
object   label   resolution   order   execution


                   How the
                   system will
                   decide who
                   wins or loses
                                 final
object   label   resolution      order        execution


                              What we call the
                              formal court paper
                              granting the relief at
                              the conclusion of
                              the case
                              final
object   label   resolution   order     execution


                                      How the “final
                                      order” is
                                      complied with
                                      (the process
                                      for complying)
                        Good Quiz Question:
                                       final
 object      label       resolution   order         execution
What if someone loses a civil case and has a judgment against
           them. Is it contempt of court not to pay?

 life,       criminal       larger      confinement      sheriff takes
 liberty     case           juries      order            you away

                                             Grants permission
                                    12-person: Felonyare lucky,for
                                                  If you
 Property,    civil        smaller                           writ
                                                   to be they of
                                             youmaybejailed will grant
                                           judgment          execution
 “money”      case         juries 6-person: misdemeanor
                                                  you permission to
                     This = don’t do       Is it. self report options:
                                                  Three basic
 -- prohibition/injunctionis how they take like a license that
                             higher        • injunction
                                 Usually, 6-personsomeone to
                                           enables
“do” or                       bench
               equitable burden physically seize property
 -- mandamus = do    (a) Have sheriff                         Contempt
“not to do” remedy             Question: take your property court
                              trial
                             oflevy
                                 proof     • writ of          of
                                                                  to
                     (b) and
 [example: civil rights bank
                We want someone to take    satisfy the amount
                                           prohibition
                                      No jury
                affirmative steps to do something,
                         Can you give me an
 desegregation] (c) a wage garnishment
                or we want someone to • writ of
                           example of this?refrain             Time
 [explain a “restraining order”] bankruptcy can stop it.
                fromCosts money;
                      doing something mandamus
Everyone
 Votes!
           1.   Yes, it should be   0
           2.   No, it is not       0
           3.   I’m not sure
                                           final
 object         label       resolution     order        execution


                           larger        confinement    sheriff takes
 life,         criminal
 liberty       case        juries        order          you away


               civil       smaller                      writ of
Property,                                judgment       execution
“money”        case        juries

                                         • injunction
“do” or        equitable     bench                       Contempt
“not to do”    remedy        trial       • writ of       of court
                                         prohibition
              Answer:
                                         • writ of
    No contempt of court                 mandamus

				
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posted:2/5/2011
language:English
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