Law 6842 - Fall 2008
REMEDIES
Professor Vernellia R. Randall
The University of Dayton School of Law

 "A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice."
ABA Model Rules for Professional Conduct.

 

Equitable Remedies

Please notify me of any typo, misspelling, etc.
 

 

Syllabus
Unit 01: Introduction                                  x
Unit 02: Damages                                    x
Unit 03: Equitable                                    x
Unit 04: Restitution                          x
Unit 05: Other Concepts                                     x
Unit 06:  Closure                                     x
Lesson Outline

 

 Legal 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.

 


 

   

               

 
 
 
 
 
Related Pages:
Home ] Up ] Civil versus Criminal Contempt ] [ Equitable Remedies ] Distinction Between Law and Equity ] Equitable Maxims ] Equitable Defenses ] Equitable Jurisdiction - A Chart ]
Subsequent Pages:
Home ] Up ]
Previous Pages:
Home ] Unit 01 - Introduction ] Unit 02 - Damages Remedies ] Unit 03 - Equitable Remedies ] Unit 04: Restitution Remedies ] Unit 05: Other  Remedial Situations ] Unit 06: Closure ]
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Always Under Construction!

Always Under Construction!

Copyright @ 2008
Vernellia Randall.  All Rights Reserved

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