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Simple English definitions for legal terms
action in equity
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A quick definition of action in equity:
An action in equity is a type of legal proceeding where one party brings a claim against another party in court. It is different from a suit at law because it seeks an equitable remedy, which means a fair and just solution that may not be available through traditional legal means. Examples of equitable remedies include injunctions, specific performance, and declaratory judgments.
A more thorough explanation:
Definition: An action in equity is a civil suit that seeks an equitable remedy, such as an injunction or specific performance, rather than a legal remedy, such as monetary damages. It is a type of lawsuit that is filed in a court of law by one party against another.
Examples:
- Suit in equity: A homeowner files a lawsuit against their neighbor to stop them from building a fence that would block their view. The homeowner is seeking an injunction, which is an equitable remedy, to prevent the neighbor from building the fence.
- Petitory suit: A person files a lawsuit to establish their ownership of a piece of property. This is a type of action in equity that seeks a declaratory judgment, which is a court order that declares the rights of the parties involved.
- Derivative suit: A shareholder files a lawsuit against a corporation's board of directors for breaching their fiduciary duties. This is a type of action in equity that seeks to enforce the rights of the corporation, rather than the individual shareholder.
These examples illustrate how an action in equity is different from a legal action, which seeks monetary damages. Instead, an action in equity seeks a non-monetary remedy that is based on principles of fairness and justice.