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Distinctions Between Law and Equity
Before
and After Merger of Separate Courts
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Before Merger |
After Merger Of Law
and Equity
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Law Courts |
Equity Courts |
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Courts |
separate court for actions at law |
separate court for suits in equity |
one court of general jurisdiction which hears
both law and equity cases
This court is often called the common pleas
court, superior court, or district court |
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Actions |
tort and contract |
suit in equity,
hearing all other cases |
all suits merged into one civil action |
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Trials |
jury |
trial before a chancellor without a jury |
jury for actions formerly heard by law courts;
no jury actions formerly heard by equity courts |
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Remedies |
money damages or recovery of specific chattel or
real property |
specific performance
injunction or other relief justified by the
circumstances |
no changes |
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NOTE: - The common law distinctions between
suits at law and in equity remain important even though there has
been a merger of law and equity courts into a single court. This
is so because there has been a merger in form only, and
substantive rights relating to the type of trial and remedy have
not changed. |
