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Tuesday 12 March 2013

Courts of Law & Courts of Equity

COURTS OF LAW (monetary relief), and

COURTS OF EQUITY (non-monetary relief) based on “notions of justice and fair dealing.”

Courts of Law

Also called “king’s courts” where judges were appointed by the king.

Remedies limited to those provided at law, i.e., land, chattel, money.

Judges resolved disputes by application of rules of law to the facts of the case before the court. 

Courts of Equity

Also called courts of chancery in Delaware.

Equitable relief was sometimes available in instances where a strict application of the law to the facts of the case compelled a result that was legal but unjust.

Equitable Maxims.

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