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| | Maxims of equity - Wikipedia, the free encyclopedia |
 | | Equity will not allow a remedy that is contrary to law. | | | Thus, "where a court of equity has all the parties before it, it will adjudicate upon all of the rights of the parties connected with the subject matter of the action, so as to avoid a multiplicity of suits." Burnworth v. | | | The maxims of equity evolved, in Latin and eventually translated into English, as the principles applied by courts of equity in deciding cases before them. |
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http://en.wikipedia.org/wiki/Maxims_of_equity
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| | Equity - Wikipedia, the free encyclopedia |
| | Equity's primacy in the U.K. was later enshrined in the Judicature Acts of the 1870s, which also served to fuse the courts of equity and the common law into one unified court system. | | | The penalty for disobeying an equity ‘common injunction’ and enforcing a common law judgment was imprisonment. | | | After U.S. courts merged law and equity, American law courts adopted many of the procedures of equity courts. |
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http://en.wikipedia.org/wiki/Equity
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| | Moral Law in the Form of Equity |
| | A court of equity, distinct from a court of law, is peculiar to the English jurisprudence. | | | Courts of law have adhered to positive rule, tho the consequence was, that in particular cases, their judgments contravened the principle of justice: courts of equity have disregarded positive rules for the purpose of attaining compleat justice. | | | The leading maxims of equity as well as law are, that wherever there is a right, some court must be empowered to make it effectual, and that for every wrong there is a remedy. |
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http://www.belcherfoundation.org/moral_law_in_the_form_of_equity.htm
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| | OSCN Found Document:WELCH v. MONTGOMERY |
| | Upon this basis it is urged that the matter then became an equity proceeding requiring that the trial court adjust the equities of all before the court, and it is upon this claim of equity alone that defendant seeks to reverse the judgment. | | | Madansky, 80 Okla. 161, 194 P. When the rights of parties are defined and established by law, equity has no power to change such rights, and while the maxims of equity may be invoked to protect an existing right, they are not available to create a right where none exists. | | | Asbury, 113 Okla. 102, 239 P. ¶9 Defendant urges that the matter before the trial court was equitable in nature and, the court, having once acquired jurisdiction of the subject matter and the parties, should adjust the equities and administer complete relief to the parties. |
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http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=58178
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| | Popular Myth |
| | Most maxims come from the Church of England (that had its own courts called courts of equity) where principles of fairness were applied to the cases brought before its bench, regardless of the wealth or political station of the litigants. | | | Maxims of equity prevent law from being cruel. | | | The maxims (e.g., "He who seeks the benefit of equity must come to court with clean hands.") are fundamental expressions of self-evident truth intended to guide our courts to dispense justice fairly. |
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http://www.jurisdictionary.com/essays/contrary_to_popular_myth.htm
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| | Equitable Remedies |
| | No court of equity will enforce or entertain construction of a contract in a manner incompatible with the laws or public policies of the state. | | | Today, in the American legal system the distinctions between law and equity have been largely abolished and a court of general jurisdiction will usually have the power to grant both legal and equitable relief. | | | For example, a breach of contract might entitle the injured party to an amount of money sufficient to compensate for the breach (compensatory damages) or an order from the court commanding the breaching party to perform its contractual obligations (specific performance). |
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http://www.west.net/~smith/equity.htm
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| | Blackstone's Commentaries |
| | Equity thus depending, essentially, upon the particular circumstances of each individual case, there can be no established rules and fixed precepts of equity laid down, without destroying its very essence, and reducing it to a positive law. | | | It contained, we may probably suppose, the principal maxims of the common law, the penalties for misdemeanors, and the forms of judicial proceedings. | | | The British also distinguish the "lex scripta" (law that is written, eg., written statutes), from the "lex non scripta" (law that is not written, eg., court decisions, custom, maxims of equity, and practice). |
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http://www.agh-attorneys.com/4_william_blackstone.htm
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| | Maxims of equity and the highway man and clean hands and lord kenyon and book of proverbs and learning |
| | The highwayman did file a bill in equity for an accounting against his partner; and, moreover, the plaintiff's sollicitors were summarily dealt with by the court as for a contempt in bringing such a case before it (Bispham, 8th Ed, p.65)." | | | Or, better said, it was something that one would mention only as an historical aside when dealing with remedies or civil procedure ("yeah, the injunction is a relic of equity"; "specific performance is an equitable remedy"; etc). | | | The multi-volume legal encyclopedia, Corpus Juris Secundum devotes more than 60 pages to the Maxims, though most of those 60 pages consist of citations of cases where a particular maxim is mentioned. |
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http://www.drbilllong.com/MoreWords/MaximsI.html
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