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Information Institute
In law, the term equity refers to a particular set of remedies and
associated procedures. These equitable doctrines and procedures are
distinquished from "legal" ones. Equitable relief is generally
available only when a legal remedy is insufficient or inadequate in some
way. This could be when a claim involves a particular piece of real
estate, or if specific performance is the relief requested by the
plaintiff.
The distinction arose in England where there were separate courts of
law and of equity. Following this pattern in America some states created
"chancery courts" dealing with equitable relief only. In other
states, the courts of common law were empowered to exercise equity
jurisdiction. Separate courts of chancery have largely been abolished
and the same court that may fashion a legal remedy has the power to
prescribe an equitable one.
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