LAW 607 Lecture Notes - Lecture 3: Replevin, Garnishment, Specific Performance
1 Jun 2020
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There are two types of courts, courts of law and courts of equity. Courts of law could only give monetary remedies. Courts of equity could only give equitable remedies. Each of these courts had different procedures, with courts of law having strict procedure, and courts of equity having laxer standards. While we no longer split our courts in this way, we do have remedies of law and remedies of equity. It is important to let your client know this. Monetary remedies will only occur after trial, which could be years. Maybe the defendant will run out of money, or is a flight risk or could hide their money overseas. In these situations, a p can ask for a prejudgment provisional remedy. This remedy is available in state courts and federal courts even though no federal statute has prejudgment provisional remedies. The court is seizing someone"s property before trial! They seem to implicate our fundamental understanding of due process.
