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| This dictionary contains: 8526 juridical terms |
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Equity, court of
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Equity, court ofA 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--------------------------------------
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--------------------------------------
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
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal 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".
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, 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--------------------------------------
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
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.
Equuleus
The name of a kind of rack for extorting confessions.
Erasure
Contracts, evidence. The obliteration of a writing; it will render it void or not under the same circumstances as an interlineation.
RELATED TERMS--------------------------------------
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--------------------------------------
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
An action which may be brought for the purpose of restraining the threatened infliction of wrongs or injuries, and the prevention of threatened illegal 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".
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, 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--------------------------------------
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
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.
Equuleus
The name of a kind of rack for extorting confessions.
Erasure
Contracts, evidence. The obliteration of a writing; it will render it void or not under the same circumstances as an interlineation.
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This dictionary contains 8526 terms.
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