court of equity


Also found in: Legal, Wikipedia.
Related to court of equity: injunction, Stare decisis

court of equity

n. pl. courts of equity
A former system of courts that mainly provided relief in the form of injunctions requiring the taking of a particular action or forbearance from taking a particular action, as opposed to relief in the form of monetary damages that was available through courts of law. Courts of equity and courts of law are now largely merged or overlapping.
References in classic literature ?
It is the peculiar province, for instance, of a court of equity to relieve against what are called hard bargains: these are contracts in which, though there may have been no direct fraud or deceit, sufficient to invalidate them in a court of law, yet there may have been some undue and unconscionable advantage taken of the necessities or misfortunes of one of the parties, which a court of equity would not tolerate.
"May Heaven forgive you, Hepzibah," said Judge Pyncheon, --reverently lifting his eyes towards that high court of equity to which he appealed,--"if you suffer any ancient prejudice or animosity to weigh with you in this matter.
'The Industrial Court should also serve as a court of equity and good conscience in the real sense, and recognize the role it plays in ensuring social justice prevails in the country,' he said.
'This court is a court of equity, but he who seeks equity must do equity; I find no reason why I should depart from the law, this court is an equal dispenser of justice,' the court held.
As a doctrinal matter, a court of equity had jurisdiction only when no remedy was available in law, or when the available legal remedy was incomplete or inadequate.").
Les Byers put feeling in his forceful performance of Tam o' Shanter while Gordon Johnston, dressed as a judge, may well have just stepped out of the High Court as he narrated the Court of Equity with aplomb and dignity.
"Nevertheless, a beneficiary under a discretionary trust has an 'interest' to be considered as a potential recipient of benefit under the trust and a right to have his interest protected by the court of equity," the response states.
'Nevertheless, a beneficiary under a discretionary trust has an 'interest' to be considered as a potential recipient of benefit under the trust and a right to have his interest protected by a court of equity. The whole class of beneficial beneficiaries, under a discretionary trust, can call upon the trustee to surrender the property according to the instructions of the beneficiaries,' it said.
contemplated in equity's exclusive jurisdiction, a court of equity
A strong case may be made that Federal Rule of Bankruptcy Procedure 9031 should be abrogated to permit bankruptcy courts as a court of equity to appoint special masters to promote the administration of justice.
La construccion in equity fue obra de los tribunales eclesiasticos (140) (viejos conocedores medievales de las sucesiones y ejecuciones de los testamentos y de los legados de caridad) y, de forma concurrente con estos ultimos, la decisiva intervencion y la magna obra de un Tribunal de la Corona: Court of Equity. Esta ultima fue "in essence eclessiastic courts (141)'.
(81) And it is equally clear that the commissioners exercised what we would now call "judicial power": they had the authority to issue the certificate necessary for discharge of the bankrupt, inexorably affecting the property and contract rights of the parties, (82) albeit subject to confirmation by a court of equity. (83)