Remedies Final Examination
May 4, 2004
Professor Wells
Examination Number______________
Instructions:
Upon receiving this exam booklet, write your bluebook/exam number in the upper right
hand corner of the first page of the exam booklet.
There are 3 questions in this examination: Two (2) essay questions and one (1) question
consisting of short answer sub-questions. Be sure that your exam has all 3 questions. Answer
each question separately, using the corresponding exam question number (and subsections where
necessary). All answers must be contained in the blue book provided.
If possible, use a pen with blue or black ink. Write on only one side of the page. Do not
tear pages out of the bluebook. Do not use pages of the bluebook for scratch paper.
This is a limited open book exam. You may refer to the textbook assigned for this class,
any materials that were handed out in class, your class notes, and any outlines you have prepared
specifically for this class (alone or in conjunction with others). No calculators may be used
during the examination. Do not consult any other materials or persons when taking this exam.
Consulting any other materials or persons is an Honor Code violation.
Each question has a suggested time limit, which is the amount of time I believe necessary
to answer the question. Be advised that the amount of time allotted for each question is roughly
equivalent to the total possible points for that question. In other words, the longer the question,
the more weight to be given it in the grading process. Use your time wisely.
In general, we have not studied the law of a particular state in this class. In answering
questions, use the general principles of law that we studied in class. However, to the extent we
discussed some Missouri law in class, you should discuss it on the exam if it would apply in a
particular setting or if it poses a contrast to the general principles we studied in class.
Remember: The issue to be analyzed is related to the appropriate remedy. You
should assume that the substantive violation has occurred as described (i.e., do not argue about
whether there has been a breach of contract, tort, etc. Assume that there has been).
You will have three hours to finish this examination. At the end of the examination,
place your exam inside your bluebook and turn them in.
Question 1:
(50 minutes) - deleted
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Question 2:
(60 minutes)
Lisa, a student at Springfield College (“Springfield”), was recently suspended for
cheating on a physics exam. Despite her protestations of innocence, Seymour Skinner, the
Chancellor of Springfield nevertheless imposed a one-semester suspension to begin in the Fall.
After learning of the Skinner’s decision, Lisa’s brother, Bart, formed an organization, the “Lisa
Liberation Front” (“LLF”), for the purpose of committing acts of civil disobedience until Lisa
was reinstated in school. On several successive nights, members of the LLF trespassed on
school grounds and vandalized school property, each time leaving a spray-painted notice that
“LLF was here - long live Lisa.”
After some investigation, Skinner discovered that Bart had participated in most of the
acts of vandalism. As a result of Skinner’s discoveries, Springfield immediately went to state
court seeking a temporary restraining order (“TRO”). Springfield’s attorneys gave telephonic
notice of the TRO hearing to Bart at least 24 hours prior to its occurrence. On May 1, the trial
court held a TRO hearing. After the hearing, in which both Bart and Springfield participated, the
judge issued an order barring Bart from engaging in vandalism of Springfield property.
On May 8, Bart moved the trial court to dissolve the TRO against him because it
conflicted with existing court precedent. Some appellate court decisions in the jurisdiction had
held that vandalism specifically committed in the name of political protest was protected by the
First Amendment of the United States Constitution. There are, however, other precedents
holding that the First Amendment does not protect acts destructive to property.
The judge refused to dissolve the TRO and commented, “Organizations like yours should
be wiped off the face of the earth. I think I just might enjoin you forever.” Bart was enraged at
the court’s refusal. He stomped home to his clubhouse where Ralph and Milhouse, members of
LLF, were waiting. He threw the court’s original order at them, screaming “Read this - this man
is an idiot!”
On June 30, Ralph and Milhouse, who had watched Bart seethe in anger at his inability to
reverse Lisa’s suspension, decided to take action and vandalize the school on their own. Armed
with sledge hammers and crow bars, Ralph and Milhouse began to destroy the entryway to
Springfield’s student union. They focused particularly on a large sign that had recently been
posted warning students that the state court had issued an injunction barring vandalism of the
school. Nelson wandered by while Ralph and Milhouse were destroying the sign and the
entryway. Although not a member of LLF, Nelson likes to break things. He heartily joined in
with the vandalism although he openly “eschewed the political purpose” of Ralph and
Milhouse’s acts. Soon thereafter, Bart, who had refrained from committing vandalism after the
court’s order, walked by. Gratified to see his friends’s actions he decided to join in.
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Ralph, Milhouse, Nelson, and Bart were caught in the act of vandalism by Skinner who
reported their behavior to the state trial judge issuing the original injunction. The judge has
scheduled their criminal contempt hearing for two weeks from today.
Assuming that all appropriate criminal procedures are followed, should the trial
judge find Ralph, Milhouse, Nelson, and Bart in contempt?
(Assume for purposes of this question that the state in which the contempt hearing
is to be held has a rule of civil procedure identical to Federal Rule of Civil
Procedure 65.)
Examination continued on next page.
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Question 3
(70 minutes)
This question contains a series of six (6) self-contained short answer questions, labeled
A-F. Make sure your exam contains all sub-questions. Your answers to these questions
should be short and to the point. These are not lengthy essay questions and you will not
have time to treat them as such.
Subquestion A:
(10 minutes)
In the 1960s and 1970s the Chicago Police Department engaged in a series of operations
that involved infiltrating and spying on various domestic protest organizations. A coalition of
those organizations filed a lawsuit claiming that such monitoring violated their First Amendment
right of free association. At the time they sought an injunction preventing the Department from
further monitoring their activities and/or keeping dossiers on the organizations’ members.
During the pendency of this lawsuit, the plaintiff organizations discovered that the Department
had bugged the offices where the plaintiffs’ lawyers met to discuss the lawsuit. Plaintiffs then
asked the court to issue an injunction preventing the Department from further bugging their
lawyers’ offices. The Department replied that an injunction was not necessary because it already
had stopped bugging the plaintiffs’ lawyers’ conversations. Should the court refuse to issue
the injunction based upon the Department’s statement?
Subquestion B:
(10 minutes)
Buzz’s business markets hair care products under the name “Hairtastic.” Roy also
marketed hair care products, but he uses the name “Hairlastic.” Buzz recently sued Roy in
federal court for trademark infringement. The district court issued a preliminary injunction
enjoining Roy from distributing his products in all 50 states. Roy filed a motion to reconsider
noting (rightly) that his trademark infringed in only 30 states. Before that motion could be
decided, Buzz and Roy agreed to settle the lawsuit. The settlement agreement called for Roy to
pay Buzz a license fee to use the name of Buzz’s business in the future. In return, Buzz agreed
to voluntarily dismiss the entire lawsuit. Once the agreement was finalized, the district court
dissolved the preliminary injunction. During the pendency of the preliminary injunction, Roy
was unable to operate his business. As a result, he lost about $12,000 in profits in the states in
which his trademark did not actually infringe Buzz’s. Roy sued to recover damages under the
injunction bond which the court earlier required Buzz to post in the amount of $10,000. What
amount will Roy recover under the bond?
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Subquestion C:
(10 minutes)
Ellen recently received a gift from her grandmother of a hand-knitted, wool turtleneck
sweater. After wearing it several times, she took it to her local dry cleaners, Ace Cleaners.
Unfortunately, Ace Cleaners damaged the sweater beyond repair. Ace has offered to pay Ellen
$40 for the sweater. It based that figure on an industry manual widely used by dry cleaners
throughout the nation. That manual lists the average retail value of various types of clothing.
Ace Cleaners arrived at $40 for Ellen’s sweater by looking at the average cost of similar sweaters
at Gap, Target, Banana Republic, J. Crew and other national retail stores. Ellen is unsatisfied
with Ace Cleaners’ offer of $40. While she acknowledges that her sweater was not unique in
look or style, it was knitted by her grandmother which gives it great sentimental value for Ellen,
who believes she should be reimbursed at least $100. What is the best argument for awarding
Ellen only $40 for the sweater?
Subquestion D:
(10 minutes)
Mo entered into a contract with Curly. Under the contract, Mo agreed to sell Curly a
piece of land, Stooge Acres, for $100,000. Both parties signed the contract. The day after it was
signed, and before Mo and Curly had performed under it, Larry approached Mo with an offer to
buy Stooge Acres for $150,000. Mo agreed to sell the land to Larry instead of Curly. Mo and
Larry signed a contract and Mo delivered Stooge Acres to Larry in exchange for $150,000. Mo
then notified Curly that he was not going to deliver Stooge Acres pursuant to his original
contract with Curly because he had already delivered the land to Larry. Does Curly have a
restitution remedy regarding Mo’s breach of contract?
Subquestion E:
(10 minutes)
Wilson is an inmate at a Missouri state prison. He filed suit in federal court claiming that
the conditions of the prison constitute cruel and unusual punishment in violation of the Eight and
Fourteenth Amendments of the United States Constitution. Wilson named various defendants
including the State of Missouri, the Missouri Bureau of Corrections, and Larry Dessem in his
official capacity as the Commissioner of the Bureau of Corrections. Wilson seeks both damages
for past violations and injunctive relief preventing future violations. Explain which of Wilson’s
claims may proceed in court.
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Subquestion F:
(20 minutes)
Linduh and Ted entered into a contract whereby Ted agreed to sell Linduh a top-of-theline motor boat in exchange for $50,000 in AT&T stock (500 shares at $100 per share). After
the contract was performed, Linduh took the boat and made some significant modifications,
including the addition of a souped-up engine, a custom paint job consisting of a skull and crossbones surrounded by flames, and an eight-track tape player. The modifications raised the value
of the boat by $5,000. Ted took the 500 shares of AT&T stock and immediately sold 250 of
them for $25,000 dollars. He deposited that money in his bank account, in which there was
already $10,000 of his own money. The next day Ted withdrew $15,000 from his account and
bought several cases of rare anchovies, which he then ate in one sitting. This made Ted
understandably sick so he visited the emergency room. Unfortunately, the medical staff was
negligent in treating him, resulting in substantial delay in Ted’s recovery. As a settlement for
this negligence, the hospital paid Ted $10,000. Ted deposited that money in his bank account.
Soon thereafter, Ted sold 100 of the 250 remaining shares of AT&T and traded them for 100
shares of GM stock. GM stock recently fell to $10 per share.
Linduh recently discovered that Ted had deliberately lied to her when he represented that
the boat was made of a durable carbon-fiber shell when in fact it was made of plain old
fiberglass. She has sued for rescission based on Ted’s fraud. What will each party get upon
rescission of the contract?
END OF EXAMINATION
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