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LSDefine

Simple English definitions for legal terms

court of equity

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A quick definition of court of equity:

A court of equity is a special type of court that can do more than just give money to someone who has been wronged. They can also make people do things or stop doing things. A long time ago, in England, there were two kinds of courts: courts of law and courts of equity. Courts of law only gave money, but courts of equity could do other things too. Now, most courts can do both. But some courts, like bankruptcy courts and some state courts, still mostly do things other than give money.

A more thorough explanation:

A court of equity is a type of court that has the power to give remedies other than just money. These remedies can include things like injunctions, writs, or specific performance.

In the past, English courts had two types of courts: courts of law and courts of equity. Courts of law could only give money as a remedy, while courts of equity could not. The Court of Chancery was an example of an early English court of equity.

Nowadays, the distinction between the two types of courts has mostly disappeared. In the United States, courts have the power to handle both law and equity matters. However, there are still some courts that are considered courts of equity, such as bankruptcy courts and certain state courts in Delaware, Mississippi, New Jersey, and Tennessee.

For example, if someone is trying to stop their neighbor from building a fence that blocks their view, they could go to a court of equity and ask for an injunction to stop the neighbor from building the fence. This is a remedy that is not just money.

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