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Equity courts are the birthplace of the right to a jury trail?
yes
Why improve gender equity in education?
There is a need for gender equity so that full learning will develop.
What does relief in equity mean in lawsuit?
Relief in equity goes back to a time when there were two types of courts, law courts and equity courts. Today, the principle generally refers to non-monetary damages, such as an injunction or specific performance. An in-law suite is a part of a house, usually a bedroom with an attached bathroom, sometimes with a partial kitchen, where you might put up a guest, or a live-in elderly parent. This has nothing to do with equity or law.
What has the author Roger Foster written?
Roger Foster has written: 'A treatise on pleading and practice in equity in the courts of the United States' -- subject(s): Accessible book, Equity pleading and procedure, Courts 'Commentaries on the Constitution of the United States, historical and juridical' -- subject(s): Constitutional history, Constitutional law 'A treatise on federal practice in civil causes' -- subject(s): Equity pleading and procedure, Courts, Equity pleadings and procedure
Which court was eventually combined with the regular court system?
Courts have been created and merged many times throughout US history. Perhaps the most important of these was the merger of the courts of equity into the courts of law.
What has the author Richard Newcombe Gresley written?
Richard Newcombe Gresley has written: 'A treatise on the law of evidence in the courts of equity' -- subject(s): Equity pleading and procedure, Evidence (Law)
What types of cases could early common law hear?
All cases which were not subject to the jurisdiction of another court. There were two court systems, the courts of law, and the courts of equity. Equity was descended from church courts and was more concerned with fairness and what was "right". Certain remedies were available only in one or the other. Money damages cases were heard in law courts, while pleas for injunctive relief - a court order to compel the defendant to do something, or stop doing something, were matter for the courts of equity. Today the two are "merged" in our modern judicial system and you can apply for relief which was traditionally "legal" or "equitable" in the sole court system.
When law and equity conflict which prevails?
In the legal system, equity prevails over law when there is a conflict. This principle ensures that fairness and justice are upheld, even if it means deviating from strict legal rules. The goal is to ensure that individuals receive fair treatment and that outcomes are just.
what state court has a jury?
Generally, only a court of original jurisdiction and only where the case is one in law as opposed to equity. Jury trials are not guaranteed in matters that traditionally were heard in the Equity or Chancery courts at common law.
What has the author Eric C H Owen written?
Eric C. H. Owen has written: 'County court litigation' -- subject(s): County courts 'Questions and answers on equity' -- subject(s): Equity, Examinations, questions
What is the essence of judicature act?
The essence of the Judicature Act is to provide a unified structure for the administration of justice in courts. It typically combines common law and equity principles, streamlining procedures and ensuring consistency in decision-making.
What are the two categories of remedies?
There are 2 very broad categories of remedies that courts can award: legal remedies and equitable remedies.The distinction between the two is largely a historical artifact, having its origins in the courts of England dating back to the middle ages.The courts of law, at the time, were extremely rigid and narrow in the types of claims they would hear, and the procedure that had to be followed. As a result, many people who had claims or defenses which were perfectly reasonable would lose their cases.This led to a large number of people going directly to the King for relief, because the King had residual judicial power, and was not bound by the strict rules of the courts of law, allowing him to make his decisions on basic principles of fairness and justice. The large number of these claims led Kings to delegate their judicial power to courts of equity, which heard cases that the courts of law would not, and decide cases on prevailing ideas of justice and fairness, rather than the rigid rules followed by the courts of law.One of the major distinctions between the law courts and equity courts was the type of remedy that can be granted. Generally, law courts could only award monetary damages to compensate for a specific injury. Sometimes, this is an inadequate remedy.Equitable remedies exist to fill in the gaps: courts of equity could award injunctions (a court order requiring a party to do something, or to stop doing it, for example). Also, in contract actions, rather than using money as a substitute for performance, the courts could order the breaching party to actually perform under the contract.Now, jump ahead a few hundred years to the U.S. legal system. We inherited many of our legal traditions from those of England as they existed in the late 1700s, including the law/equity distinction.However, the federal courts in the U.S., and the courts of most states, have merged the law and equity courts into a single system. However, the law/equity distinction remains important, since it often dictates what remedies can be granted (and most courts will not grant equitable remedies unless it can be shown that the legal remedy is inadequate).
