Judicial Dictionary - E

Judicial Dictionary


Legislative Dictionary


Equity

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CategoryE
TitleEquity
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A venerable group of rights and procedures to provide fairness, unhampered by the narrow structures of the old common law or other technical requirements of the law. In essence courts do the fair thing by court orders such as correction of property lines, taking possession of assets, imposing a lien, dividing assets, or injunctive relief (ordering a person to do something) to prevent irreparable damage. The rules of equity arose in England where the strict limitations of common law would not solve all problems, so the King set up courts of chancery (equity) to provide remedies through the royal power. Now most states combine law and equity and treat both under "one cause of action." Equity cannot assist plaintiff where there is undue latches on his part. [Purendu Kumar Das vs. Hiran Kumar Das (1969)21 DLR 918]

Created OnApril 23, 2011, 9:16 AM
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