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In small claims court in most states the judge determines who is more likely correct in their assertions. The judge then has the ability to make an award based on the law and or equity. See related answers below for all 16 states that do not have equity available as a basis for judgment
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Can small claims court impose equitable relief?
Depending on the State in which you are filing your small claims suit, equitable relief is available. You will need to do your research on local and state civil codes to ensure the following info is accurate. But as of 2008 these are states that will NOT allow Equitable Relief.Below are a list of states that DO NOT offer Equitable Relief:COLORADOCONNECTICUTDISTRICT OF COLUMBIAHAWAIIINDIANAIOWA MAINEMARYLANDMICHIGANNEVADANEW YORKNORTH CAROLINANORTH DAKOTAOHIOTEXASVERMONTWASHINGTONWEST VIRGINIA
What is the US Claims Court?
The US Claims court is the former name of the current "United States Court of Federal Claims." This court has jurisdiction over all claims against the United States for damages, breach of contract or equitable relief. Think of it as a special court where you sue the government itself.
In federal court parties have a right to trialby jury when seeking equitable relief?
The statement that federal court parties have the right to trial by jury when seeing equitable relief is true. This right was put into place when the 7th Amendment was ratified.
Advantages and disadvantages of equity in English law?
"Equity law" or more appropriately, "equitable relief", is not directly comparable to "common law." The real question is what is the difference between "equitable relief" and "legal relief: as reasons for filing a law suit. "Legal relief" is mainly compensation for a loss in the form of money damages. One example is in a negligence action, the plaintiff seeks money damages for personal injuries or other losses that can be quantified in dollars. "Equitable relief" constitutes something a court would order a party to do to either to prevent a loss or compensate a loss in some way other than simple money damages where legal relief , i.e. money damages, is deemed inadequate to properly remedy a situation. Equitable relief includes injunctions in labor disputes, partitions of real property, specific performance of contracts, reformation of contracts, setting aside invalid wills, divorces and various other matters where the court orders something to be done rather than entering a judgment for money damages. Some special aspects of equity law are that it requires that the claimant be free any inequitable action of its own, that no equitable relief can be given if there is an adequate remedy in legal relief and that equitable relief is flexible enough to allow a court to devise a remedy that may be appropriate under all of the circumstances. In common law England, actions involving legal relief were dealt with in the king's courts whereas actions dealing with equitable relief were dealt with in the chancery courts or church tribunals. Even though different courts dispensed different types of relief, both became precedent for future cases therefore both were separate parts of the body of common law.
What does the plaintiff in a civil case want from the defendant in a civil case?
In a word, money. Legally, they seek "compensation" for their losses. Not all plaintiffs seek money damages (called "legal relief") from defendants, although this is the most common. Many times, plaintiffs seek what is called "equitable relief" Equitable relief is granted when legal relief, i.e. money, is inadequate to compensate a plaintiff for the harm done. Examples of equitable relief are restraints, injunctions, specific performance of contracts, declaratory judgments, divorces, will invalidations, foreclosures, partitions, ejectments, appointments of receivers, cease and desist orders, shareholder derivative actions and other types of remedies that may have to be individually crafted to properly compensate the plaintiff.
What has the author Muhammad Naseem written?
Muhammad Naseem has written: 'A comprehensive and as exhaustive commentary on the Sepecific Relief Act, 1877' -- subject(s): Equitable remedies 'Exhaustive & comprehensive commentary on the Specific Relief Act, 1877'
What equitable remedies offer headache relief?
Home remedies for headaches relief include exercises to relax the eyes, massaging the head, neck and face, applying heat or cold, drinking herbal teas, or inhaling calming scents such as peppermint oil.
What is Alabama's law on emancipation?
Alabama has a “Relief of Minor Children from Disabilities of Nonage” Title 26, Chapter 13- The Age of Majority in Alabama is 19. The Relief of Minor Children from Disabilities is only available to minors over age of 18.
What has the author R K Bangia written?
R. K. Bangia has written: 'The Indian Contract Act' -- subject(s): Contracts 'Law of contract and specific relief' -- subject(s): Contracts, Equitable remedies
What has the author John A Stanly written?
John A. Stanly has written: 'Claims of deceased officers and soldiers' -- subject(s): Pay, allowances, Confederate States of America, Civilian relief, Claims, Confederate States of America. Army, History
What do you have to get to get an emancipation in Alabama?
The age of majority for a minor under Alabama Constitutional statute is 19. Only those persons who are at least 18 can file a petition under the Alabama Code Title 26, Chapter 13 "Relief of Minor Children From Disabilities of Nonage". The issue of pregnancy is not relevant as being pregnant or having a child does not confer automatic emancipation or exceptions to the law upon the minor.
What has the author B M Gandhi written?
B. M. Gandhi has written: 'Hindu law' 'Equity, trust, and specific relief' -- subject(s): Trusts and trustees, Equitable remedies, Equity 'Law of tort' -- subject(s): Torts
