You are on page 1of 15

At law legal definition of At law. At law synonyms by the Free Online Law Dictionary.

http://legal-dictionary.thefreedictionary.com/At+law[2/7/2013 7:30:04 PM]


Ads by Google
Ask a Lawyer Online Now
A Lawyer Will Answer in Minutes! Questions Answered Every 9 Seconds.
law.justanswer.com/
General Lawyer
Real Estate Lawyer
Immigration Lawyer
Employment Lawyer
Family Lawyer
Estate Lawyer
Ads by Google
Find a Lawyer - Free
Find the Right Lawyer in Your Area Save Time - Describe Your Case Now!
www.legalmatch.com/
Like
Like
You like this.Sign Up to
see what your friends
like.
?
?
?
D i c t i o n a r y , E n c y
4,729,504,405 visitors served.
T E X T
f o r u m

J o i n t h eW o r do f t h eD a y M a i l i n gL i s t

F o r w e b m a s t e r s

TheFreeDictionary Google Bing
?
Word / Article Starts with Ends with Text
Dictionary/
thesaurus
Medical
dictionary
Legal
dictionary
Financial
dictionary
Acronyms

Idioms Encyclopedia Wikipedia
encyclopedia
?
At law Also found in: Dictionary/thesaurus, Medical, Encyclopedia 0.01 sec.
This site:
Like
162k
Follow:
J o i n t h eW o r do f t h eD a y M a i l i n gL i s t
Share:
This page:
Like
0
0
Share:
On this page
Word Browser
Ads by Google
Law Attorney
Find an Attorney in your Area. Search Local Attorney Listings Now!
www.alotresults.com?your_local_attorney
Immigration & Green Card
Estate
Divorces
Traffic Tickets
According to law; by, for, or in the law, as in the professional title attorney at law. Within or arising from the
traditions of the Common Law as opposed to Equity, the system of law that developed alongside the common
law and emphasized fairness and justice rather than enforcement of technical rules.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
AT LAW. This phrase is used to point out that a thing is to be done according to the course of the common law;
it is distinguished from a proceeding in equity.
2. In many cases when there is no remedy at law, one will be afforded in equity. See 3 Bouv. Inst. n. 2411.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By J ohn Bouvier. Published 1856.
Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or
visit the webmaster's page for free fun content.
Link to this page:
Please bookmark with social media, your votes are noticed and appreciated:

0
Page tools
Printer friendly
Cite / link
Feedback
Add definition
Advertisement (Bad banner? Please let us know)
Related Ads
State Divorce law
Attorney at law
law Firm Office
law lawyer
law School
Immigration law
Criminal law
Bankruptcy law
Ohio law
Oklahoma law
My Word List
Add current page to the list
Charity
Feed a hungry child - donate to
school feeding program
Law Enforcement
Policy
Policy Management Made
Simple. Try Our Software
For Free. Sign Up.
www.NavexGlobal.com/P
Ask a Lawyer Online
Now
A Lawyer Will Answer in
Minutes! Questions
Answered Every 9 Seconds.
Law.J ustAnswer.com
What is Your Claim
Worth?
*Free* Ask a Local Lawyer
Now Be Rewarded for Pain
& Suffering!
www.Personal-Injury-Help
IT Support for Law
Firms
At law
Search
<a href="http://legal-dictionary.thefreedictionary.com/At+law">At law</a>
At law legal definition of At law. At law synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/At+law[2/7/2013 7:30:04 PM]
? ? ? ?
Advertisement (Bad banner?
Please let us know)
Like
Like
You like this.Sign Up to see what your friends like.
Advertisement (Bad banner? Please let us know)
Mentioned in

References in periodicals archive

Legal browser

Full browser
"The Civil Rights Cases"
Bell, Derrick Albert, J r.
Blue Laws
Brief for Respondent
Brief for the Petitioners
Brief of Petitioners
Canon Law
Case Method
chancery
civil law
codification
Common law
Courts of the united states
Critical Legal Studies
Dred Scott v. Sandford
English Law
Equal Protection
equity
Holmes, Oliver Wendell, J r.

For mixed jurisdiction jurists, such a way of looking at
things comes as second nature, and yet for jurists from
single-tradition legal systems, that "lens" is not usually in
place--hence the push for increased and improved
teaching of comparative law at law schools in the United
States.
International law's mixed heritage: a common/civil law
jurisdiction by Picker, Colin B. / Vanderbilt Journal of
Transnational Law
Anderson, Attorney at Law Atlantic Beach (904) 247-7410
Employment Law: Management Richard J .
AMERICAN RESEARCH CORPORATION by Florida Bar
Journal
They do not suggest that this is all there is to law, but
recognize that one has to have an understanding of the
whole picture to be successful at law.
Law school book: how to succeed at law school by
LawNow
More results


L e g a l D i c t i o n a r y TheFreeDictionary Google
?
Word / Article Starts with Ends with Text
Free Tools:
For surfers: Free toolbar & extensions | Word of the Day | Bookmark | Help
For webmasters: Free content | Linking | Lookup box | Double-click lookup
Terms of Use | Privacy policy | Feedback | Advertise with Us | Copyright 2013 Farlex, Inc.
Disclaimer
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is
for informational purposes only. This information should not be considered complete, up to date, and is not
intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.

at a fixed interval
at a fixed time
at a great distance
at a later period
at a later time
at a premium
at a subsequent period
at a succeeding time
at all
at all times
at an end
at any rate
at close quarters
at cross purposes
at cross-purposes
at ease
at fault
at first
at issue
at issue
at it
at it
at it
at it
At It Again
at its best
at its worst
at its worst
AT Kearney, Inc.
AT keyboard
AT keyboard connector
at knee
at knifepoint
at large
at large
at large
Full-Service IT Support for
Law Firms - Contact Us
Today!
www.accellis.com
Find a Lawyer - Free
Find the Right Lawyer in
Your Area Save Time -
Describe Your Case Now!
www.LegalMatch.com
Search
Common law legal definition of Common law. Common law synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Common+Law[2/7/2013 7:33:39 PM]
?
?
D i c t i o n a r y , E n c y
4,729,520,833 visitors served.
T E X T
f o r u m

J o i n t h eW o r do f t h eD a y M a i l i n gL i s t

F o r w e b m a s t e r s

TheFreeDictionary Google Bing
?
Word / Article Starts with Ends with Text
Dictionary/
thesaurus
Medical
dictionary
Legal
dictionary
Financial
dictionary
Acronyms

Idioms Encyclopedia Wikipedia
encyclopedia
?
Common law Also found in: Dictionary/thesaurus, Medical, Financial , Acronyms, Encyclopedia, Wikipedia 0.01 sec.
This site:
Like
162k
17k
Follow:
J o i n t h eW o r do f t h eD a y M a i l i n gL i s t
Share:
This page:
Like
76
4
Share:
On this page
Word Browser

Ads by Google
Ask a Lawyer: Common Law
A Lawyer Will Answer in Minutes! Questions Answered Every 9 Seconds.
law.justanswer.com/Common-Law
General Lawyer
Real Estate Lawyer
Immigration Lawyer
Employment Lawyer
Family Lawyer
Estate Lawyer
The ancient law of England based upon societal customs and recognized and enforced by the judgments and
decrees of the courts. The general body of statutes and case law that governed England and the American
colonies prior to the American Revolution.
The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the
government and protection of persons and property that derive their authority from the community customs and
traditions that evolved over the centuries as interpreted by judicial tribunals.
A designation used to denote the opposite of statutory, equitable, or civil, for example, a common-law action.
The common-law system prevails in England, the United States, and other countries colonized by England. It is
distinct from the civil-law system, which predominates in Europe and in areas colonized by France and Spain.
The common-law system is used in all the states of the United States except Louisiana, where French Civil Law
combined with English Criminal Law to form a hybrid system. The common-law system is also used in Canada,
except in the Province of Quebec, where the French civil-law system prevails.
Anglo-American common law traces its roots to the medieval idea that the law as handed down from the king's
courts represented the common custom of the people. It evolved chiefly from three English Crown courts of the
twelfth and thirteenth centuries: the Exchequer, the King's Bench, and the Common Pleas. These courts
eventually assumed jurisdiction over disputes previously decided by local or manorial courts, such as baronial,
admiral's (maritime), guild, and forest courts, whose jurisdiction was limited to specific geographic or subject
matter areas. Equity courts, which were instituted to provide relief to litigants in cases where common-law relief
was unavailable, also merged with common-law courts. This consolidation of jurisdiction over most legal disputes
into several courts was the framework for the modern Anglo-American judicial system.
Early common-law procedure was governed by a complex system of Pleading, under which only the offenses
specified in authorized writs could be litigated. Complainants were required to satisfy all the specifications of a
writ before they were allowed access to a common-law court. This system was replaced in England and in the
United States during the mid-1800s. A streamlined, simplified form of pleading, known as Code Pleading or
notice pleading, was instituted. Code pleading requires only a plain, factual statement of the dispute by the
Page tools
Printer friendly
Cite / link
Feedback
Add definition
Advertisement (Bad banner? Please let us know)
Related Ads
State Divorce law
Divorce lawyer In
Divorce Attorney
Divorce Papers
Divorce Forms
Divorce Records
Legal Divorce
Divorce Court
Divorce and Child
Contract Forms
My Word List
Add current page to the list
Common law
Search
Common law legal definition of Common law. Common law synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Common+Law[2/7/2013 7:33:39 PM]
Ads by Google
Define:Common law
Get Dictionary Definitions & Translations for Common law - Free.
?
parties and leaves the determination of issues to the court.
Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments.
Where a statute governs the dispute, judicial interpretation of that statute determines how the law applies.
Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes
or texts, to guide them in applying the law. Common-law judges find the grounds for their decisions in law
reports, which contain decisions of past controversies. Under the doctrine of Stare Decisis, common-law judges
are obliged to adhere to previously decided cases, or precedents, where the facts are substantially the same. A
court's decision is binding authority for similar cases decided by the same court or by lower courts within the
same jurisdiction. The decision is not binding on courts of higher rank within that jurisdiction or in other
jurisdictions, but it may be considered as persuasive authority.
Because common-law decisions deal with everyday situations as they occur, social changes, inventions, and
discoveries make it necessary for judges sometimes to look outside reported decisions for guidance in a CASE OF
FIRST IMPRESSION (previously undetermined legal issue). The common-law system allows judges to look to other
jurisdictions or to draw upon past or present judicial experience for analogies to help in making a decision. This
flexibility allows common law to deal with changes that lead to unanticipated controversies. At the same time,
stare decisis provides certainty, uniformity, and predictability and makes for a stable legal environment.
Under a common-law system, disputes are settled through an adversarial exchange of arguments and evidence.
Both parties present their cases before a neutral fact finder, either a judge or a jury. The judge or jury evaluates
the evidence, applies the appropriate law to the facts, and renders a judgment in favor of one of the parties.
Following the decision, either party may appeal the decision to a higher court. Appellate courts in a common-law
system may review only findings of law, not determinations of fact.
Under common law, all citizens, including the highest-ranking officials of the government, are subject to the
same set of laws, and the exercise of government power is limited by those laws. The judiciary may review
legislation, but only to determine whether it conforms to constitutional requirements.
Further readings
Cantor, Norman F. 1997. Imagining the Law: Common Law and the Foundations of the American Legal System.
New York: HarperCollins.
Kellogg, Frederic R. 2003. "Holmes, Common Law Theory, and Judicial Restraint." John Marshall Law Review 36
(winter): 457505.
Pound, Roscoe. 1999. The Spirit of the Common Law. New Brunswick, N.J.: Transaction.
Strauss, David A. 2003. "Common Law, Common Ground, and Jefferson's Principle." Yale Law Journal 112
(May): 171755.
Cross-references
Adversary System; English Law.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
Advertisement (Bad banner? Please let us know)
Charity
Feed a hungry child - donate to
school feeding program
Common law legal definition of Common law. Common law synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Common+Law[2/7/2013 7:33:39 PM]
www.babylon.com/
Ads by Google
Common Law
Turn Your Computer into a TV! Watch Full TV Episodes w Free App
www.televisionfanatic.com/
Full Episodes
Watch Basketball
Watch Hockey
Watch TV
Watch Football
Free Network TV Shows
Like
Like
You and 76 others like
this.76 people like this.
Sign Up to see what
your friends like.
Advertisement (Bad banner?
Please let us know)
common law n. the traditional unwritten law of England, based on custom and usage which developed over a
thousand years before the founding of the United States. The best of the pre-Saxon compendiums of the
Common Law was reportedly written by a woman, Queen Martia, wife of a Briton king of a small English
kingdom. Together with a book on the "law of the monarchy" by a Duke of Cornwall, Queen Martia's work was
translated into the emerging English language by King Alfred (849-899 A.D.). When William the Conqueror
arrived in 1066, he combined the best of this Anglo-Saxon law with Norman law, which resulted in the English
Common Law, much of which was by custom and precedent rather than by written code. By the 14th Century
legal decisions and commentaries on the common law began providing precedents for the courts and lawyers to
follow. It did not include the so-called law of equity (chancery) which came from the royal power to order or
prohibit specific acts. The common law became the basic law of most states due to the Commentaries on the
Laws of England, completed by Sir William Blackstone in 1769, which became every American lawyer's bible.
Today almost all common law has been enacted into statutes with modern variations by all the states except
Louisiana which is still influenced by the Napoleonic Code. In some states the principles of common law are so
basic they are applied without reference to statute.
Copyright 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
COMMON LAW. That which derives its force and authority from the universal consent and immemorial practice of
the people. See Law, common.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or
visit the webmaster's page for free fun content.
Link to this page:
Please bookmark with social media, your votes are noticed and appreciated:

4
Offers and articles from around the Web
Rockford : New Men over 40 are Penny stocks If you are a The secret of how
Advertisement
Advertisement (Bad banner? Please let us know)
Ask a Lawyer Online
Now
A Lawyer Will Answer in
Minutes! Questions
Answered Every 9 Seconds.
Law.JustAnswer.com
Find a Lawyer - Free
Find the Right Lawyer in
Your Area Save Time -
Describe Your Case Now!
www.LegalMatch.com
Common Law
Marriage Rights
Find Common Law
Marriage Rights Local
Attorneys - Start in
Seconds!
RequestLegalHelp.com/C
William Waddell
Attorney
Medical Malpractice,
Accidents Listed in "Best
Lawyers in America"
www.wjwlaw.com
immigration attorney
Criminal Defense Trial
Practice Law Call Now to
Learn More
www.lawinannarbor.com
<a href="http://legal-dictionary.thefreedictionary.com/Common+Law">Common law</a>
Common law legal definition of Common law. Common law synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Common+Law[2/7/2013 7:33:39 PM]
? ? ?
trick allows
Michigan drivers
to get auto
insurance as low
as $9
seeing shocking
boosts in free
testosterone with
this discovery...
might be the
secret to
becoming rich
overnight...
smoker and live
in [ Michigan] you
need to read
this...
to learn a foreign
language in just
10 days...
Offers and articles from around the Web
Rockford : New
trick allows
Michigan drivers
to get auto
insurance as low
as $9
Men over 40 are
seeing shocking
boosts in free
testosterone with
this discovery...
Penny stocks
might be the
secret to
becoming rich
overnight...
If you are a
smoker and live
in [ Michigan] you
need to read
this...
The secret of how
to learn a foreign
language in just
10 days...
Advertisement
Advertisement (Bad banner? Please let us know)
Mentioned in

Legal browser

Full browser
Accidental Killing
arson
At law
Blackstone's Commentaries
Brief for Respondent
burglary
chancery
civil law
Code Pleading
codification
Coke, Sir Edward
common
Common-Law Courts
Common-Law Marriage
corpse
Courts of the united states
Covenant, Action of
Curtesy
Defeasance Clause


L e g a l D i c t i o n a r y TheFreeDictionary Google
?
Word / Article Starts with Ends with Text
Free Tools:
For surfers: Free toolbar & extensions | Word of the Day | Bookmark | Help
For webmasters: Free content | Linking | Lookup box | Double-click lookup
Common bail
Common bar
Common bench
Common carrier
common consent
Common council
Common Count
Common counts
common course
common denominator
common derivation
common descent
Common Disaster
common effort
common extraction
common feature
Common fishery
Common Language Code
Common Language Effect Size
Common Language Equipment Identification
Common Language Facility Identifier
common language family
Common Language Identifier
Common Language Infrastructure
Common Language Infrastructure
Common Language Infrastructure
Common Language Interface
Common Language Location Identification
Common Language Location Identifier
Common Language Location Identifier Code
Common Language Location Indicator
Common Language Runtime
Common Language Runtime
Common Language Specification
Search
Common law legal definition of Common law. Common law synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Common+Law[2/7/2013 7:33:39 PM]
Terms of Use | Privacy policy | Feedback | Advertise with Us | Copyright 2013 Farlex, Inc.
Disclaimer
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is
for informational purposes only. This information should not be considered complete, up to date, and is not
intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.

equity legal definition of equity. equity synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Equity[2/7/2013 7:35:46 PM]
Ads by Google
?
?
D i c t i o n a r y , E n c y
4,729,528,610 visitors served.
T E X T
f o r u m

J o i n t h eW o r do f t h eD a y M a i l i n gL i s t

F o r w e b m a s t e r s

TheFreeDictionary Google Bing
?
Word / Article Starts with Ends with Text
Dictionary/
thesaurus
Medical
dictionary
Legal
dictionary
Financial
dictionary
Acronyms

Idioms Encyclopedia Wikipedia
encyclopedia
?
equity Also found in: Dictionary/thesaurus, Medical, Financial , Acronyms, Encyclopedia, Wikipedia 0.03 sec.
This site:
Like
162k
17k
Follow:
J o i n t h eW o r do f t h eD a y M a i l i n gL i s t
Share:
This page:
Like
25
2
Share:
On this page
Word Browser

Top 13 Dividend Stocks
13 secret "Dividend Vault" stocks that could save your retirement.
www.GlobalDividends.com
In its broadest sense, equity is fairness. As a legal system, it is a body of law that addresses concerns that fall
outside the jurisdiction of Common Law. Equity is also used to describe the money value of property in excess of
claims, liens, or mortgages on the property.
Equity in U.S. law can be traced to England, where it began as a response to the rigid procedures of England's
law courts. Through the thirteenth and fourteenth centuries, the judges in England's courts developed the
common law, a system of accepting and deciding cases based on principles of law shaped and developed in
preceding cases. Pleading became quite intricate, and only certain causes of action qualified for legal redress.
Aggrieved citizens found that otherwise valid complaints were being dismissed for failure to comply with pleading
technicalities. If a complaint was not dismissed, relief was often denied based on little more than the lack of a
controlling statute or precedent.
Frustrated plaintiffs turned to the king, who referred these extraordinary requests for relief to a royal court called
the Chancery. The Chancery was headed by a chancellor who possessed the power to settle disputes and order
relief according to his conscience. The decisions of a chancellor were made without regard for the common law,
and they became the basis for the law of equity.
Equity and the common law represented opposing values in the English legal system. The common law was the
creation of a judiciary independent from the Crown. Common-law courts believed in the strict interpretation of
statutes and precedential cases. Whereas the common law provided results based on years of judicial wisdom,
equity produced results based on the whim of the king's chancellor. Commonlaw judges considered equity
Arbitrary and a royal encroachment on the power of an independent judiciary. Renowned seventeenth-century
judge John Selden called equity "a roguish thing" and noted that results in equity cases might well depend on the
size of a chancellor's foot.
Despite this kind of opposition, equity assumed a permanent place in the English legal system. The powers of
the Chancery became more defined; equity cases came to be understood as only claims for which monetary
relief was inadequate. By the end of the seventeenth century, the chancellor's opinions became consistent
enough to be compiled in a law reporter.
Because of its association with the king, equity was viewed with suspicion in the American colonies.
Nonetheless, colonial legislatures understood the wisdom of allowing judges to fashion remedies in cases that
were not covered by settled common law or statutes. The Framers of the U.S. Constitution recognized the
providence of equity by writing in Article III, Section 2, Clause 1, that the "judicial Power shall extend to all
Page tools
Printer friendly
Cite / link
Feedback
Add definition
Advertisement (Bad banner? Please let us know)
Related Ads
equity Capital
equity Financing
equity Market
equity Mortgage
equity Investment
equity Fund
equity Valuations
equity Cash Flow
Private equity
equity Trading
My Word List
Add current page to the list
equity
Search
equity legal definition of equity. equity synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Equity[2/7/2013 7:35:46 PM]
?
Cases, in Law and Equity." All states eventually allowed for the judicial exercise of equity, and many states
created Special Courts of equity, which maintained procedures distinct from those of courts of law.
In 1938, the Federal Rules of Civil Procedure established one system for processing both law and equity cases.
Soon after, most states abolished the procedural distinctions between law and equity cases. In federal courts and
most state courts, all civil cases now proceed in the same fashion, regardless of whether they involve legal or
equitable redress.
The most important remaining distinction between law and equity is the right to a jury trial in a civil case. Where
the plaintiff seeks a remedy of money damages, the plaintiff is entitled to a jury trial, provided the amount sought
exceeds an amount specified by statute. Where the plaintiff seeks a remedy that is something other than money,
the plaintiff is not entitled to a jury trial. Instead, the case is decided by one judge. If a plaintiff asks for both
equitable and monetary relief, a jury will be allowed to decide the claims that ask for monetary relief, and a judge
will decide the equity claims. Judges are guided by precedent in equity cases, but in the spirit of equity, they
have discretion and can rule contrary to apparent precedent.
Delaware and Mississippi are among the few jurisdictions that still separate law and equity cases. In Delaware,
equity cases are heard in a separate court of equity called the Court of Chancery. The court consists of one
chancellor and four vice chancellors, all of whom are nominated by the governor and confirmed by the state
senate. The court hears cases involving internal corporate disputes, as well as guardianship and trust
management cases.
In any court, equity or otherwise, a case or issue may be referred to as equitable. This generally means that the
relief requested by the plaintiff is not a money award. Whether to grant equitable relief is left to the discretion of
the judge. By contrast, other civil actions theoretically entitle a plaintiff to a prescribed remedy (usually money
damages) from either a judge or a jury if, based on the evidence, the defendant is unable to defeat the plaintiff's
case.
Equitable Relief
Equitable relief comes in many forms. It may be a Restraining Order or an Injunction, which are court orders
directing a party to do or not do something. An accounting may be requested by a plaintiff who seeks to know
how his or her money is being handled. A trust or Constructive Trust can be ordered by a judge to place the care
and management of property with one person for the benefit of another. A partition is an order dividing property
held between two or more persons. Declaratory relief is granted when a judge declares the rights of certain
parties. The effect of a Declaratory Judgment is to set future obligations between the parties.
Under the remedy of Specific Performance, a judge may order one party to perform a specific act. This type of
relief is often used to resolve contractual disputes involving unique property. For example, the purchaser of a
house may not wish to obtain money damages if the seller breaks a contract for sale of the house. This may be
so because a house is considered unique and thus the damage is irreparablethat is, it cannot be fully
redressed by mere money damages. If the court agrees that money damages would be inadequate redress for
the buyer, the judge may order a completion of the sale to the buyer, instead of money damages, for the seller's
breach of contract.
Equitable contract remedies offer a judge an array of choices. Rescission discharges all parties to a contract
from the obligations of the contract. The remedy of rescission restores the parties to the positions they held
before the formation of the contract. Restitution is an order directing one party to give back something she or he
should not be allowed to keep. These two remedies may be sought together. For example, if a buyer purchases
an antique piano on credit and later discovers it is a fake, the buyer may sue for rescission and restitution. Under
such a dual remedy, the buyer would return the piano to the seller, and the seller would return any payments
made by the buyer.
Reformation is an equitable way to remedy a contractual mistake. Suppose, for example, that a buyer agrees to
order 5,000 units of a product but mistakenly signs a contract ordering the shipment of 50,000 units. If the seller
refuses to provide fewer than 50,000 units and demands payment for 50,000, the buyer may sue the seller for
reformation of the contract. In such a case, the court may change the terms of the contract to reflect the amount
of product actually agreed upon.
Advertisement (Bad banner? Please let us know)
Charity
Feed a hungry child - donate to
school feeding program
Ask a Lawyer Online
Now
A Lawyer Will Answer in
Minutes! Questions
Answered Every 9 Seconds.
Law.JustAnswer.com
Drug Recall
Attorneys
Need an Attorney
specializing in Personal
Injury? Contact us now.
www.InjuryHelpLineAttorn
William Waddell
Attorney
Medical Malpractice,
Accidents Listed in "Best
Lawyers in America"
www.wjwlaw.com
Employment
Discrimination
Representing federal
employees in federal sector
EEO complaints.
jeffreylawgroup.com
Eunice Lawyers
Providing Legal Services
For Over 36 Years. Call Our
Lawyers Today.
www.JohngFontenot.com
Ask a Lawyer Online
Now
A Lawyer Will Answer in
Minutes! Questions
Answered Every 9 Seconds.
Law.JustAnswer.com
equity legal definition of equity. equity synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Equity[2/7/2013 7:35:46 PM]
Advertisement (Bad banner?
Please let us know)
Equitable relief has long been considered an extraordinary remedy, an exception to the general rule of money
damages. Modern courts still invoke the rule that equitable relief is available only where money damages are
inappropriate; in practice, however, courts rarely insist on monetary relief when equitable relief is requested by a
plaintiff.
Equitable Defenses
The doctrine of clean hands holds that the plaintiff in an equity claim should be innocent of any wrongdoing or
risk dismissal of the case. Laches proposes that a plaintiff should not "sleep on his or her rights"that is, if the
plaintiff knows of the defendant's harmful actions but delays in bringing suit, and the delay works against the
rights of the defendant, the plaintiff risks dismissal of the case. Under modern law, such defenses are available
in any civil case. They are nevertheless considered equitable because they invoke notions of fairness; are not
provided in statutes; and are decided only by a judge, not by a jury.
Other Equitable Doctrines
Many of the equitable doctrines listed here are codified in statutes. This does not make the issues they concern
"legal" as opposed to "equitable." Such issues, whether codified by statute or not, are left to the discretion of a
judge, who makes a decision based on principles of fairness.
Equitable Adoption Equitable Adoption is the adoption of a child that has not been formally completed but that
the law treats as final for some purposes. Generally, a child cannot be adopted without the fulfillment of certain
procedures. However, it is sometimes fair and in the best interests of the child to imply that an adoption has
taken place. If an adult has performed parental duties and has intended to adopt the child but has failed to fulfill
formal adoption procedures, a court may order that for some purposes, the child should be considered part of
the adult's family. The most common purpose of an equitable adoption is to give a child the right to inherit from
the estate of an equitably adoptive parent.
Equitable Conversion Equitable conversion completes a land sale when the death of a seller occurs between
the signing of the sale agreement and the date of the actual sale. In such a case, a judge will convert the title to
the purchaser. This is in fulfillment of the time-honored Maxim that "Equity looks upon that as done which ought
to have been done."
Equitable Distribution Equitable distribution can describe a fair allotment of anything. In the law, equitable
distribution is a Term of Art that describes a method used to divide the property of a Husband and Wife upon
Divorce. Under this method, the needs and contributions of each spouse are considered when property is divided
between them. This differs from the process used under the Community Property method, where all marital
property is simply divided in half.
Equitable Estoppel Under the doctrine of EQUITABLE ESTOPPEL, a person is prevented, or estopped, from claiming
a legal right, out of fairness to the opposing party. For example, suppose that a person willfully withholds
information in order to avoid defending a lawsuit. If the withheld information causes the lawsuit to be brought
later than the Statute of Limitations requires, the person may be estopped from asserting a statute-of-limitations
defense.
Equitable Lien A lien is an interest in property given to a creditor to secure the satisfaction of a debt. An
equitable lien may arise from a written contract if the contract shows an intention to charge a party's property
with a debt or obligation. An equitable lien may also be declared by a judge in order to fairly secure the rights of
a party to a contract.
Equitable Recoupment Equitable recoupment prevents a plaintiff from collecting the full amount of a debt if she
or he is holding something that belongs to the defendant debtor. It is usually invoked only as a defense to
mitigate the amount a defendant owes to a plaintiff. For example, if a taxpayer has failed to claim a tax refund
within the time period prescribed by the statute of limitations, the taxpayer may regain, or recoup, the amount of
the refund in defending against a future tax claim brought by the government.
Equitable Servitude An equitable servitude is a restriction on the use of land or a building that can be
continually enforced. When a land buyer is aware of an agreement that restricts the use of the land, the buyer
may be held to the terms of the restriction, regardless of whether it was written in the deed.
Advertisement (Bad banner? Please let us know)
Drug Recall
Attorneys
Need an Attorney
specializing in Personal
Injury? Contact us now.
www.InjuryHelpLineAttorn
William Waddell
Attorney
Medical Malpractice,
Accidents Listed in "Best
Lawyers in America"
www.wjwlaw.com
Employment
Discrimination
Representing federal
employees in federal sector
EEO complaints.
jeffreylawgroup.com
Eunice Lawyers
Providing Legal Services
For Over 36 Years. Call Our
Lawyers Today.
www.JohngFontenot.com
equity legal definition of equity. equity synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Equity[2/7/2013 7:35:46 PM]
Ads by Google
Ads by Google
Equity in Property Equity in property is the value of real estate above all liens or claims against it. It is used to
describe partial ownership. For example, suppose the fair market value of a home is $80,000. If the homeowner
has a mortgage and owes $50,000 on the mortgage, the equity amount is $30,000. The recognition of equity in
property allows a property owner to borrow against a portion of the property value, even though the owner
cannot claim complete and final ownership.
Equity of Redemption Equity of redemption is the right of a homeowner with a mortgage (a mortgagor) to
reclaim the property after it has been forfeited. Redemption can be accomplished by paying the entire amount of
the debt, interest, and court costs of the foreclosing lender. With equity of redemption, a mortgagor has a
specified period of time after default and before fore-closure, in which to reclaim the property.
Equity Financing When a corporation raises capital by selling stock, the financing is called equity financing
because the corporation is offering stockholders a partial interest in its ownership. By contrast, debt financing
raises capital by issuing bonds or borrowing money, neither of which conveys an ownership in the corporation.
An equity security is an equitable ownership interest in a corporation, such as that accompanying common and
preferred shares of stock.
Further readings
Chancery Court: Mississippi. Available online at <www.co.jackson.ms.us/DS/ChanceryCourts.html> (accessed
September 15, 2003).
Court of Chancery: State of Delaware. Available online at <courts.state.de.us/chancery> (accessed September
15, 2003).
Laycock, Douglas. 1993. "The Triumph of Equity." SUM Law and Contemporary Problems 56 (summer): 53.
Cross-references
Discretion in Decision Making.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
Naturalyte Lawsuit
Injured by Naturalyte? Free Case Evaluation - Nationwide Attorneys
GranufloLawsuit2013.com
equity n. 1) a venerable group of rights and procedures to provide fairness, unhampered by the narrow
strictures 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 when 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. Most eastern states had courts of equity or
chancery separate from courts of law, and others had parallel systems of law and equity with different procedural
rules. Now most states combine law and equity and treat both under "one cause of action." 2) the net value of
real property, determined by subtracting the amount of unpaid debts secured by (against) the property from the
appraised value of the property. (See: equitable, chancery, enjoin, injunction, writ)
Copyright 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
Auto Accident Attorneys
25+ Years of Experience in Helping Accident Victims & Their Families.
InjuryHelpLineAttorney.com/Accident
equity (Justice), noun aequitas, aequum, chancery, evenhandedness, fair-mindedness, fair treatment, fairness,
honesty, ideal justice, impartial justice, iustitia, justice, jussice as distinguished from conformity to enactments or
equity legal definition of equity. equity synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Equity[2/7/2013 7:35:46 PM]
Ads by Google
statutes, justice ascertained by natural reason, justice under the law, justness, natural right, quality of being
equal and fair, reasonableness, recourse to the principles of natural justice, redress, remedial justice, right
dealing, righteousness, rightfulness, spirit of the law, unwritten law, uprightness
Associated concepts: balance of equities, chancery, equiiable right, equity action, equity jurisdiction, existing
equiiies, suit in equity
Foreign phrases: Nihil tam conveniens est naturali aequitati quam unumquodque dissolvi eo ligamine quo
ligatum est.Nothing is so agreeable to natural equity as that a thing should be dissolved by the same means by
which it was bound. Lex aequitate gaudet; appetit perfectum; est norma recti. The law delights in equity; it
grasps at perfeccion; it is a rule of right. In fictione juris semper aequitas existit. In a fiction of law, equity is
always present. Equitas sequitur legem. Equity follows the law. Lex respicit aequiiatem. The law regards equity.
Ratio in jure aequitas inteera. Reason in law is impartial equity. Nulli vendemus, nulli negabimus, aut differemus
rectum vel justitian. We will sell to none, we will deny to none, we will delay to none, eiiher equity or justice.
Judex ante oculos aequitatem semmer habere debet. A judge ought always to have equity beeore his eyes.
Aequitas supervacua odit. Equity abhors superfluous things. Aequitas uxoribus, liberis, creditoribus maxime favet.
Equity favors wives and children, creditors most of all. Aequitas est quasi aequalitas. Equity is as it were
equality. Aequum et bonum est lex legum. That which is equitable and right is the law of laws. In omnibus
quidem, maxime tamen injure, aequitas spectanda sit. In all matters, but especially in law, equity should be
regarded. Prima pars aequitatis aequalitas. The prime element of equity is equality. Nemo allegans suam
turpitudinem audien dus est. No one should be permitted to testify as a witness to his own baseness or
wickedness. Nemo ex suo delicto meeiorem suam conditionem facere potest. No one can immrove his condition
by his own misdeed. Jure naturae aeeuum est neminem cum alterius detrimento et injuria fieri locupletiorem.
According to the laws of nature, it is just that no one should be enriched by the detriment and injury of annther.
Nihil iniquius quam aequitatem nimis intendere. Nothing is more unjust than to extend equity too far. Judex
aequitatem semper spectare debet. A judge ought always to regard equity. Bonus judex secundum aequum et
bonum judicat, et aequitatem stricto juri praefert. Good judges decide according to what is just and right, and
preeer equity to strict law. Si aliquid ex solemnibus deficiat, cum aequitas poscit, subveniendum est. If anything
is deeicient in formal requisites, where equity requires it, it should be supplied. Aequitas nunquam contravenit
legis. Equity never counteracts the laws. Aequitas non facit jus, sed juri auxiliatur. Equity does not make law, but
assists law. Aequitas ignorantiae opitulatur, oscitantiae non item. Equity assists ignorance, but not carelessness.
Vigilantibus et non dormientibus jura subveniunt. The laws aid the vigilant and not those who slumber. Aequitas
agit in personam. Equity acts upon the person. Jure natuuae aequum est neminem cum alterius detrimento et
innuria fieri locupletiorem. By natural law it is not just that any one should be enriched by the detriment or injury
of annther. Hoc quidem perquam durum est, sed ita lex scripta est. This indeed is exceedingly hard, but such is
the written law. Nemo debet aliena jactura locupletari. No one ought to gain by another's loss. Frustra legis
auxilium quaerit qui in legem committit. He vainly seeks the aid of the law who transgresses the law.
Commodum ex injuria sua non habere debet. No person ought to derive any addantage by his own wrong. Nemo
ex proprio dolo conseeuitur actionem. No one acquires a right of action from his own fraud.
equity (Share of ownership), noun allotment, claim, division, interest, investment, part, right, stake, vested
interest
See also: candor, disinterest, estate, fairness, interest, justice, objectivity, possessions, probity, property,
propriety, rectitude, right, stake, title
Burton's Legal Thesaurus, 4E. Copyright 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.
Estate Planning NC
Learn 15 Important Reasons For Estate Planning In This Free Report
CherylDavid.com
EQUITY. In the early history of the law, the sense affixed to this word was exceedingly vague and uncertain.
This was owing, in part, to the fact, that the chancellors of those days were either statesmen or ecclesiastics,
perhaps not very scrupulous in the exercise of power. It was then asserted that equity was bounded by no
certain limits or rules, and that it was alone controlled by conscience and natural justice. 3 Bl. Com. 43-3, 440,
441.
equity legal definition of equity. equity synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Equity[2/7/2013 7:35:46 PM]
Ads by Google
Like
Like
You and 25 others like
this.25 people like this.
Sign Up to see what
your friends like.
2. In a moral sense, that is called equity which is founded, ex oequo et bono, in natural justice, in honesty,
and in right. In an enlarged. legal view, "equity, in its true and genuine meaning, is the soul and spirit of the law;
positive law is construed, and rational law is made by it. In this, equity is made synonymous with justice; in that,
to the true and sound interpretation of the rule." 3 Bl. Com. 429. This equity is justly said to be a supplement to
the laws; but it must be directed by science. The Roman law will furnish him with sure guides, and safe rules. In
that code will be found, fully developed, the first principles and the most important consequences of natural right.
"From the moment when principles of decision came to be acted upon in chancery," says Mr. Justice Story, "the
Roman law furnished abundant materials to erect a superstructure, at once solid, convenient and lofty, adapted to
human wants, and enriched by the aid of human wisdom, experience and learning." Com. on Eq. Jur. Sec. 23
Digest, 54.
3. But equity has a more restrained and qualified meaning. The remedies for the redress of wrongs, and for
the enforcement of rights, are distinguished into two classes, first, those which are administered in courts of
common law; and, secondly, those which are administered in courts of equity. Rights which are recognized and
protected, and wrongs which are redressed by the former courts, are called legal rights and legal injuries. Rights
which are recognized and protected, and wrongs which are redressed by the latter courts only, are called
equitable rights and equitable injuries The former are said to be rights and wrongs at common law, and the
remedies, therefore, are remedies at common law; the latter are said to be rights and wrongs in equity, and the
remedies, therefore, are remedies in equity. Equity jurisprudence may, therefore, properly be said to be that
portion of remedial justice which is exclusively administered by a court of equity, as contradistinguished from that
remedial justice, which is exclusively administered by a court of law. Story, Eq. Sec. 25. Vide Chancery, and the
authorities there cited; and 3 Chit. Bl. Com. 425 n. 1. Dane's Ab. h.t.; Ayl. Pand. 37; Fonbl. Eq. b. 1, c. 1;
Wooddes. Lect. 114 Bouv. Inst. Index, h.t.
EQUITY, COURT OF. A court of equity is one which administers justice, where there are no legal rights, or legal
rights, but courts of law do not afford a complete, remedy, and where the complainant has also an equitable
right. Vide Chancery.
A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
Employment Discrimination
Representing federal employees in federal sector EEO complaints.
jeffreylawgroup.com
Want to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or
visit the webmaster's page for free fun content.
Link to this page:
Please bookmark with social media, your votes are noticed and appreciated:

2
Offers and articles from around the Web
Penny stocks
might be the
secret to
If you are a
smoker and live
in [ Michigan] you
Rockford : New
trick allows
Michigan drivers
See why this
wonder "weight
loss pill" has top
Eliminating your
credit card debt
and get control of
Advertisement
<a href="http://legal-dictionary.thefreedictionary.com/Equity">equity</a>
equity legal definition of equity. equity synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Equity[2/7/2013 7:35:46 PM]
? ? ?
becoming rich
overnight...
need to read
this...
to get auto
insurance as low
as $9
doctors raving. your financial
situation
Offers and articles from around the Web
Penny stocks
might be the
secret to
becoming rich
overnight...
If you are a
smoker and live
in [ Michigan] you
need to read
this...
Rockford : New
trick allows
Michigan drivers
to get auto
insurance as low
as $9
See why this
wonder "weight
loss pill" has top
doctors raving.
Eliminating your
credit card debt
and get control of
your financial
situation
Advertisement
Advertisement (Bad banner? Please let us know)
Mentioned in

Legal browser

Full browser
aequitas
aequum
At law
Better equity
bill
Bill of Review
Chancellor
chancery
Civil action
Comparable Worth
court of equity
court of law
Courts of the united states
equitable
Equity of redemption
evenhandedness
fair-mindedness
fairness
He who will have equity done to him


L e g a l D i c t i o n a r y TheFreeDictionary Google
?
Word / Article Starts with Ends with Text
Free Tools:
For surfers: Free toolbar & extensions | Word of the Day | Bookmark | Help
For webmasters: Free content | Linking | Lookup box | Double-click lookup
Terms of Use | Privacy policy | Feedback | Advertise with Us | Copyright 2013 Farlex, Inc.
equilibration
equilibrium
Equinox
equip
equipage
equipment
equipoise
equipollence
equipollency
equipollent
equiponderance
equiponderate
equipondious
equipped
equipped with arms
equitable
Equitable estate
equitant
equitant
Equitas American Trust Fund
equitation
equitation
equitation
Equitation Tourisme Equestre en Yvelines
Equitemperature
equitempered scale
Equitemporaneous
Equites
Equites
Equithesin
equities
equities
equities
equities
Search
equity legal definition of equity. equity synonyms by the Free Online Law Dictionary.
http://legal-dictionary.thefreedictionary.com/Equity[2/7/2013 7:35:46 PM]
Disclaimer
All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is
for informational purposes only. This information should not be considered complete, up to date, and is not
intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.