Chapter 1.3 The Common Law Tradition: Equitable Remedies and Courts of Equity

Vocabulary flashcards covering key terms related to remedies and courts of equity from the lecture notes.

remedy in law

The means given to a party to enforce a right or to compensate for the violation of a right.

remedies at law

Monetary or property compensation (money damages, land, etc.) awarded by courts of law.

remedies in equity

Non-monetary remedies based on fairness, such as injunctions, specific performance, or rescission.

injunction

A court order directing someone to do or refrain from doing a particular act.

specific performance

An equitable remedy ordering a party to perform exactly as promised in a contract.

rescission

An equitable remedy that cancels a contract and returns parties to their pre-contract positions.

courts of law

Early English royal courts limited to awarding money or property as remedies.

courts of equity (chancery courts)

Courts established to provide remedies when courts of law could not, focusing on fairness.

judgment

The result of an action at law (typically an award of damages).

decree

The result of an action in equity (such as an order for specific performance).

complaint

The filing to initiate a lawsuit in an action at law.

petition

The filing to initiate a lawsuit in an action in equity.

who decides an action at law

A judge or jury.

who decides an action in equity

A judge only (no jury).

equitable principles and maxims

General statements of fairness that guide courts in granting equitable remedies.

Whoever seeks equity must do equity

To be treated fairly, one must act fairly.

One must come with clean hands

A plaintiff must have acted fairly and honestly to seek equitable relief.

Equity regards substance rather than form

Equity focuses on fairness and justice, not legal technicalities.

doctrine of laches

Equity will not aid those who delay too long in asserting their rights; encourages timely lawsuits.

statutes of limitations

Laws that set maximum time limits for bringing certain legal actions.

Equity aids the vigilant, not those who rest on their rights

Courts favor those who act promptly to protect their rights.