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ASSIGNMENT INSTRUCTIONS
Section 2: Please answer only four (4) of the six (6) short answer questions. Only the first 4 answers will be graded. Please read all questions carefully.
1. Define then compare and contrast common law remedies and equitable remedies.
2. Define three types of compensation for damages. What law/legal issue and what type of damages are discussed in Martin v. Glass (2011)
3. Define specific performance. On what three bases (define each) may the remedy be denied?
4. What is a crime? What two components must be present/concur? Who starts the action and why is this important?
5. Define/discus the formal and functional definitions of “family”. Discus/outline the definition of marriage and the law declared in Loving v. Virginia (1967).
6. Define a legal contract. Discus/explain the necessary compenents of a contract.
HOW TO WORK ON THIS ASSIGNMENT (EXAMPLE DRAFT/ESSAY)
Common law remedies are legal remedies based on court decisions that stem from English common law. Damages (monetary compensation) and specific performance are examples of these (requiring a party to fulfill their contractual obligations). Equitable remedies, on the other hand, stem from English courts of equity and are based on fairness and justice rather than legal precedent. Injunctions (ordering a party to stop doing something), rescission (contract cancellation), and reformation are examples of these (modification of a contract). When a legal remedy would not provide adequate relief or when a party has acted unfairly, equitable remedies are usually granted.
Nominal damages (a small monetary amount to recognize a legal injury), compensatory damages (to compensate the plaintiff for their loss), and punitive damages are the three types of compensation for damages (to punish the defendant for their wrongful conduct). Martin v. Glass (2011) dealt with defamation, and the type of damages discussed in the case were compensatory damages, which are meant to compensate the plaintiff for their loss.
A legal remedy that requires a party to fulfill their contractual obligations is known as specific performance. It is granted when monetary damages would be insufficient. Specific performance may be denied on three grounds: (1) because the contract is not certain and definite, (2) because the plaintiff has acted unfairly or inequitably, or (3) because there is an adequate remedy at law (i.e. monetary damages).
A crime is a wrongful act that violates public law and is punishable by the government. A prohibited act (actus reus) and a guilty mind are required to be present (mens rea). The actus reus refers to the prohibited physical act or omission, whereas the mens rea refers to the intent or knowledge of wrongdoing. In criminal cases, the government initiates the action, which is significant because the government bears the burden of proving the elements of the crime beyond a reasonable doubt.
The term “family” refers to a group of people who are related by blood, marriage, or adoption. The functional definition of “family” is a group of people who live together and provide each other with emotional and financial support. Marriage is a legally recognized union between two people, and Loving v. Virginia (1967) ruled that state laws prohibiting interracial marriage were unconstitutional under the 14th Amendment’s Equal Protection Clause.
A legal contract is a legally binding agreement that creates legal obligations between two or more parties. A contract must include the following elements: (1) offer, (2) acceptance, (3) consideration (something of value exchanged between the parties), (4) capacity (the parties must be legally competent to enter into a contract), and (5) legality (the subject matter of the contract must be legal). Contracts can also be express (written or spoken) or implied (based on the actions or conduct of the parties).
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