USC LAW SCHOOL
REMEDIES, FALL 2017
LAW 625 (No. 03265)
Wednesday, 5:30 p.m. – 8:20 p.m.
SYLLABUS, COURSE REQUIREMENTS
Professor Tomson T. Ong
Tel: (562) 256-1500; Email:
I. COURSE DESCRIPTION
This is an overview course that explores the civil law of remedies, including: (i) compensatory damages; (ii) punitive damages; (iii) coercive remedies (e.g., injunctions); (iv) restitutionary remedies; and (v) ancillary remedies (e.g., attorneys’ fees). In the process of studying remedies, you will be exposed to numerous substantive areas of the law – such as contracts, torts, property, and civil rights – because the law of remedies necessarily intersects these areas.
II. COURSE MATERIALS
The text for the course is D. Laycock, Modern American Remedies (Concise 4th ed. 2012). I also will post cases (and other material) on Blackboard from time to time.
III. COURSE REQUIREMENTS
A. Class Preparation
All students are expected to be prepared to discuss and respond to questions regarding all assigned readings for each class session. Class discussion will assume that everyone is thoroughly familiar with the assigned materials.
B. Class Participation and Participation Points
1. Regular and punctual attendance is an important part of the learning process – as is class participation. I encourage you to participate in class, even if that means leaving your “comfort zone.” I also encourage you to ask questions, as your questions give me an opportunity to better explain and explore the material.
2. I often rely on volunteers for class discussion. But I do not only rely on volunteers, as I need broad participation to achieve the course objectives. I therefore may call on students who have not volunteered to contribute to the discussion
C. Grading Criteria and Evaluation
Your grade for the course largely will be based on a final exam, comprised of multiple essays that likely will contain more than one prompt. The exam will be open book for any essay exam.
D. “Office Hours”
I am committed to making myself available to address any questions, comments, or concerns that you may have. While I am in court during regular business hours, I will make myself available to you outside those hours as follows: (1) before and after class on Wednesday; (2) by appointment; and (3) by email. My contact information at the court is: Tel: (562) 256-1500; Email: during my regular work hours.
IV. ADMINISTRATIVE MATTERS
A. Student with Disabilities
Any student requesting academic accommodations based on disability is required to register with Disability Services and programs (DPS) each semester. A letter of verification for approved accommodations can be obtained from DPS. Please be sure the letter is delivered to me as early in the semester as possible. DPS is located in STU 301 and is open 8:30 a.m. to 5:00 p.m., Monday through Friday. Contact information: (213) 740-0776 (phone); (213) 740-6948 (TDD only); (213) 740-8216 FAX, or Email: .
B. Academic Integrity
USC seeks to maintain an optimal learning environment. General principles of academic honesty include the concept of respect for the intellectual property of others, the expectation that individual work will be submitted unless otherwise allowed by an instructor, and the obligations both to protect one’s own academic work from misuse by others as well as to avoid using another’s work as one’s own. All students are expected to understand and abide by these principles. SCampus, the Student Guidebook, contains the University Student Conduct Code (see University Governance, Section 11.00), while the recommended sanctions are located in Appendix A.
C. Emergencies/Crisis
In case of a declared emergency if travel to campus is not feasible, USC executive leadership will announce an electronic way for instructors to teach students in their residence halls or homes using a combination of Blackboard, teleconferencing, and other technologies. See the university’s site on Campus Safety and Emergency Preparedness.
V. ASSIGNMENTS
The reading assignments for the course are set forth below. Page numbers in the “Pages” column refer to the Laycock casebook. The first page for each reading assignment usually starts a new topic or case. Read through the last page of the assigned reading up to the start of a new topic or case or to and including the specified note (e.g., 74 – 93 n.8). The “Other” column contains materials for you to read for the assigned class (which can be retrieved on Lexis/Nexis or Westlaw). Assignments are subject to change with appropriate notice.
Date / Class / Topic / Pages / Other8/23/17 / 1 / The “Rightful Position Principle” (“RPP”) / 1-15 / California Civil Jury Instructions (CACI): Tort Damages
1 / Value as the Measure of the RPP: The “Lesser of Two” Rule / 16-27
8/30/17 / 2 / Expectancy & Reliance as Measures of the RPP / 28-41
2 / Consequential Damages;
Limits on Damages: Specifying by Contract / 41-49; 53-60
9/6/17 / 3 / Limits on Damages: Liquidated Damages; Avoidable Consequences / 60-75;
88-94
3 / Limits on Damages:
Collateral Sources; Reasonable Certainty / 99-107
9/13/17 / 4 / Personal Injury Damages;
Constitutional Harm / 108-113; 137-150
4 / Punitive Damages / 171-191
9/20/17 / 5 / Punitive Damages / 191-203
5 / Injunctive Relief:
Prophylactic Orders / 207-221
9/27/17 / 6 / Injunctive Relief:
Reparative Orders / 232-245
6 / Injunctive Relief:
Structural Orders / 257-274
10/4/17 / 7 / Injunctive Relief:
Inadequate Legal Remedy / 297-315
7 / Injunctive Relief:
Balancing the Hardships / 319-330;
337-342
10/11/17 / 8 / Preliminary or Permanent Relief / 350-362;
FRCP 65
8 / Declaratory Judgments / 453-466
10/18/17 / 9 / Quiet Title & Reformation / 477-488
9 / Restitution: Mistake / 489-501
10/25/17 / 10 / Restitution: Mistake (cont.);
Conscious Wrongdoers / 501-520
10 / Restitution: Conscious Wrongdoers / 520-532
11/1/17 / 11 / Restitution & Contract / 539-551
11 / Constructive Trusts / 551-564
11/8/17 / 12 / Equitable Liens & Subrogation;
Replevin, Ejectment / 576-587; 598-600
12 / Enforcing the Judgment: Contempt / 601-619
11/15/17 / 13 / Collecting Money Judgments / 654-666
13 / Attorneys’ Fees / 689-713
11/29/17 / 14 / Attorneys’ Fees / 713-726
14 / Practice Exam
12/15/17 / 15 / FINAL EXAMINATION @ 2:00 pm / For location and instructions, please consult with the Registrar