Juridical Dictionary

This dictionary contains:
8526
juridical terms

Court of equity




Court of equity

A court of equity is one which administers justice, where there are no legal rights, or legal rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable right.

RELATED TERMS
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Court
A body in government to which the administration of justice is delegated.

Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".

Justice
Fairness. A state of affairs in which conduct or action is both fair and right, given the circumstances. In law, it more specifically refers to the paramount obligation to ensure that all persons are treated fairly. Litigants "seek justice" by asking for compensation for wrongs committed against them; to right the inequity such that, with the compensation, a wrong has been righted and the balance of "good" or "virtue" over "wrong" or "evil" has been corrected.

Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.

Remedy
The means employed to enforce a right or redress an injury.

Complainant
One who makes a complaint. A plaintiff in a suit in chancery is so called.

Equitable
That which is in conformity to the natural law.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.



SIMILAR TERMS
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Cour
French for "court".

Courier
One who is sent on some public occasion as an express, to bear despatches, letters, and other papers.

Course
The direction in which a line runs in surveying.

Course of the voyage
By this term is understood the regular and customary track, if such there be, which a ship takes in going from one port to another, and the shortest way.

Course of trade
What is usually done in the management of trade or business.

Court
A body in government to which the administration of justice is delegated.

Court christian
An ecclesiastical judicature, known in England, so called from its handling matters of an ecclesiastical or religious nature.

Court clerk
The administrative personnel of the court who handles the filings for court procedures and answers questions concerning them.

Court costs
The expenses of prosecuting or defending a lawsuit, other than the attorney fees. An amount of money may be awarded to the successful party (and may be recoverable from the losing party) as reimbursement for court costs.

Court inferior or inferior court
A court subordinate to another; or, a court of limited jurisdiction.

Court martial
A military court set up to try and punish offenses taken by members of the army, navy or air force.

Court of admiralty
A court having jurisdiction of all maritime causes.

Court of arches
Ecclesiastical law. The most ancient consistory court belonging to the archbishop of Canterbury for the trial of spiritual causes.

Court of audience
English. Ecclesiastical law. The name of a court kept by the archbishop in his palace, in which are transacted matters of form only; as confirmation of bishops, elections, consecrations, and the like.

Court of chancery or of equity
A court which proceeds wholly according to the principles of equity.

Court of common pleas
The name of an English court which was established on the breaking up of the aula regis, for the determination of pleas merely civil.

Court of conscience
English law. The name of a court in London. It has equity jurisdiction in certain cases.

Court of convocation
Ecclesiastical law. The name of an English ecclesiastical court. It is composed of every bishop, dean, and archdeacon, a proctor for the chapter, and two proctors for the clergy of each diocese in the province of Canterbury, for the province of York, there are two proctors for each archdeaconry.

Court of exchequer
English law. A court of record anciently established for the trial of all matters relating to the revenue of the crown.

Court of faculties
English. Ecclesiastical law. The name of a court which belongs to the archbishop, in which his officer, called magister ad facultates, grants dispensations to marry, to eat flesh on days prohibited, or to ordain a deacon under age, and the like.

Court of inquiry
A court constituted by authority of the articles of war, invested with the power to examine into the nature of any transaction, accusation, or imputation against any officer or soldier.

Court of justice
An official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law.

Court of king's bench
The name of the supreme court of law in England.

Court of law
An official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law.

Court of law or of common law
Any court which administers justice according to the principles and forms of the common law.

Court of original jurisdiction
A court where a matter is initiated and heard in the first instance; a trial court.

Court of peculiars
English ecclesiastical law. The name of a court, which is a branch of, and annexed to, the. court of arches.

Court of record
At common law, any jurisdiction which has the power to fine and imprison, is a court of record.

Court of session
The highest civil court in the kingdom of Scotland. The judges, called lords of the session, are fifteen in number.

Court order
A written document ordering a person to do something. it is issued by a court and signed by a judge.

Court prerogative
The name of a court in England in which all testaments are proved and administrations granted, when the deceased has left bona notabilia in the province in some other diocese than that in which he died.

Court reporter
A person who transcribes by shorthand or stenographically takes down testimony during court proceedings, a deposition, or other trial-related proceeding.

Court rules
Regulations governing practice and procedure in the various courts.

Court term and number
An identifying date and number that appears on the captions of a papers filed in court. the assignment is made by the clerk.

Court TV
A television channel showing court proceedings.

Court, instance
One of the branches of the English admiralty is called an instance court.

Court, prize
One of the branches of the English admiralty, is called a prize court.

Court, supreme
Supreme court is the name of a court having jurisdiction over all other courts.

Court-appointed attorney
Attorney appointed by the court to represent a defendant, usually with respect to criminal charges and without the defendant having to pay for the representation.

Court-ordered releases
The court may order an inmate to be released from custody at any time if the judge deems this to be the appropriate course of action.ÿ

Courtesy
Courtesy or curtesy. Scotch law. A right which vests in the hushand, and is in the nature of a life-rent. It is a counterpart of the terce.

Courtesy of england
An estate for life, created by act of law, which is defined as follows: When a man marries a woman, seised at any time during the coverture of an estate of inheritance, in severalty, in coparcenary, or in common, and has issue by her born alive, and which migbt by possibility inherit the same estate as heir to the wife, and the wife dies in the lifetime of the hushand, he holds the lands during, his life by the curtesy of England, and it is immaterial whether the issue be living at the time of the seisin, or at the death of the wife, or whether it was born before or after the seisin.

Courts of common pleas
The state trial-level courts that have the authority to grant divorce.



PREVIOUS AND NEXT TERMS
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Court of audience
English. Ecclesiastical law. The name of a court kept by the archbishop in his palace, in which are transacted matters of form only; as confirmation of bishops, elections, consecrations, and the like.

Court of chancery or of equity
A court which proceeds wholly according to the principles of equity.

Court of common pleas
The name of an English court which was established on the breaking up of the aula regis, for the determination of pleas merely civil.

Court of conscience
English law. The name of a court in London. It has equity jurisdiction in certain cases.

Court of convocation
Ecclesiastical law. The name of an English ecclesiastical court. It is composed of every bishop, dean, and archdeacon, a proctor for the chapter, and two proctors for the clergy of each diocese in the province of Canterbury, for the province of York, there are two proctors for each archdeaconry.

Court of equity

Court of exchequer
English law. A court of record anciently established for the trial of all matters relating to the revenue of the crown.

Court of faculties
English. Ecclesiastical law. The name of a court which belongs to the archbishop, in which his officer, called magister ad facultates, grants dispensations to marry, to eat flesh on days prohibited, or to ordain a deacon under age, and the like.

Court of inquiry
A court constituted by authority of the articles of war, invested with the power to examine into the nature of any transaction, accusation, or imputation against any officer or soldier.

Court of king's bench
The name of the supreme court of law in England.

Court of law or of common law
Any court which administers justice according to the principles and forms of the common law.

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This dictionary contains 8526 terms.







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