Final Exam

The final exam question:

For generations law and equity were separated in different courts with different judges. In the nineteenth century equity and law were combined in most American state courts and, as a result, judges found that they could exercise both legal and equitable powers, could use both legal and equitable remedies, and could choose when to do either. Judges in law courts have traditionally faced a tension in doing what they believe is fair as regards the litigants and the case before them, but, at the same time, feel constrained, at least to some degree, to justify their decisions according to precedent. The result is often a tension between the two and a hard decision for the court to make. In the context of the contract cases we have discussed, write a short essay [no more than three pages] on how judges have used their equity powers to alleviate this tension.

Your answer must be printed in no smaller than 10 point type. It cannot exceed three normal sized sheets. Print on one side only. You may take as much time as you like to do the exam and may consult any source other than other people. You may not discuss the exam question or answer with classmates, friends, family, hired professionals, or any one else. The exam is due on December 5th at 11am to me in my office on the fourth floor of the law school. I will not accept exams before 10.45 nor after 11.15. Your name should be on the top right hand of each answer page.

If you feel the need to consult sources other than your notes and the cases and articles posted on the class website, I recommend Grant Gilmore's Death of Contracts, a short book based on lectures he delivered.