Law 6842 - Spring 2010
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.


Distinction Between Law and Equity

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


Distinctions Between Law and Equity Before and After Merger of Separate Courts

Before Merger

After Merger Of Law
and Equity

Law Courts

Equity 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


tort and contract

suit in equity,

hearing all other cases

all suits merged into one civil action



trial before a chancellor without a jury

jury for actions formerly heard by law courts;

no jury actions formerly heard by equity courts


money damages or recovery of specific chattel or real property

specific performance

injunction or other relief justified by the circumstances

no changes

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.

Myron G. Hill, et. al. Smith Review Series: Remedies p.10 (1984).


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: Diversity Issues in Remedies ]
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Vernellia Randall.  All Rights Reserved

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