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| This dictionary contains: 8526 juridical terms |
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Equitable action
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Equitable actionAn action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal action.
RELATED TERMS--------------------------------------
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.
Prevention
Civil and French law. The right of a judge to take cognizance of an action over which he has concurrent jurisdiction with another judge.
Illegal
Contrary to law; unlawful. It is a general rule, that the law will never give its aid to a party who has entered into an illegal contract, whether the same be in direct violation of a statute, against public policy, or opposed to public morals. .Nor to a contract which is fraudulent, which affects the defendant or a third person.
SIMILAR TERMS--------------------------------------
Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.
Equitable
That which is in conformity to the natural law.
Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.
Equitable division (distribution)
A system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding.
Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.
Equitable mortgage
English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.
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".
Equity analysis
A term I have coined for the recent American theory of conflict of laws, whereby the law of a jurisdiction (infra) is chosen in order to arrive at an equitable or teleological (infra) solution to a conflict problem.
Equity, court of
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.
Equity, courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.
Equivalent
Of the same value.
Equivocal
What has a double sense.
PREVIOUS AND NEXT TERMS--------------------------------------
Episcopacy
Ecclesiastical law. A form of government by diocesan bishops; the office or condition of a bishop.
Epistles
Civil law. The name given to a species of rescript. Epistles were the answers given by the prince, when magistrates submitted to him a question of law.
Equal protection of the law
The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.
Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.
Equitable
That which is in conformity to the natural law.
Equitable action
Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.
Equitable division (distribution)
A system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding.
Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.
Equitable mortgage
English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.
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".
RELATED TERMS--------------------------------------
Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.
Restraining
Narrowing down, making less extensive; as, a restraining statute, by which the common law is narrowed down or made less extensive in its operation.
Prevention
Civil and French law. The right of a judge to take cognizance of an action over which he has concurrent jurisdiction with another judge.
Illegal
Contrary to law; unlawful. It is a general rule, that the law will never give its aid to a party who has entered into an illegal contract, whether the same be in direct violation of a statute, against public policy, or opposed to public morals. .Nor to a contract which is fraudulent, which affects the defendant or a third person.
SIMILAR TERMS--------------------------------------
Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.
Equitable
That which is in conformity to the natural law.
Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.
Equitable division (distribution)
A system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding.
Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.
Equitable mortgage
English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.
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".
Equity analysis
A term I have coined for the recent American theory of conflict of laws, whereby the law of a jurisdiction (infra) is chosen in order to arrive at an equitable or teleological (infra) solution to a conflict problem.
Equity, court of
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.
Equity, courts of
Courts which administer a legal remedy according to the system of equity, as distinguished from courts of common law.
Equivalent
Of the same value.
Equivocal
What has a double sense.
PREVIOUS AND NEXT TERMS--------------------------------------
Episcopacy
Ecclesiastical law. A form of government by diocesan bishops; the office or condition of a bishop.
Epistles
Civil law. The name given to a species of rescript. Epistles were the answers given by the prince, when magistrates submitted to him a question of law.
Equal protection of the law
The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law.
Equinox
The name given to two periods of the year when the days and nights are equal; that is, when the space of time between the rising and setting of the sun is one half of a natural day.
Equitable
That which is in conformity to the natural law.
Equitable action
Equitable defense
A defense, in a common-law action, which rests upon equitable or legal and equitable grounds.
Equitable division (distribution)
A system of dividing property acquired by spouses during their marriage in connection with a divorce proceeding.
Equitable estate
An equitable estate is a right or interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court to make it available.
Equitable mortgage
English law. The deposit of title-deeds, by the owner of an estate, with a person from whom he has borrowed money, with an accompanying agreement to execute a regular mortgage, or by the mere deposit, without even any verbal agreement respecting a regular security.
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".
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This dictionary contains 8526 terms.
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