Mar 12, 2009 13:31
midterm tomorrow morning.
can someone please explain to me the law of equity? this is what my notes say:
4. Law of Equity: Allows courts to take actions that are fair or just
a. Began as an alternative to the Common Law in the fourteenth and fifteenth centuries.
i. Claimants went to the King if the court rendered verdicts they felt were unjust. Equity judges began to handle this because there were so many disputes.
ii. Had to show that the court did not do what was fair and that they themselves had acted fairly.
iii. Equity courts could craft remedies to problems, unlike common law courts could only give money damages make amends.
b. We still have remnants of equity law even though we only have a single court system.
i. Equitable remedies
c. Equitable maxims
i. “Equity abhors a forfeiture.”
ii. “Equity helps only those with clean hands.”"allows courts to take actions that are fair or just"? as opposed to sources of law that...prevent justice? and, why have i compiled information about english common law? this is not helpful. "we still have remnants of equity law..." remnants? so, the american legal system only sort of has equity? why am i learning this!?
you know, if i didn't waste effort taking notes in grammatically correct, complete sentences, i might actually know the material i'm supposed to be learning. this probably won't even be on the exam, but now i'm obsessing over it.