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Is an interim injunction a legal or equitable remedy?
Injunctions are equitable remedies, they are not remedies which the claimant has a right to and are therefore given at the discretion f the court.
What are the modern development of equitable remedies?
Equitable remedies were developed in England by the Court of Chancery (a court of equity) during the time of Henry VII. These judicial remedies continue to be granted today in certain cases.
Can a court grant legal remedies or equitable remedies?
Yes, a court can grant both legal remedies, such as monetary damages, and equitable remedies, such as injunctions or specific performance. Legal remedies aim to compensate for losses, while equitable remedies seek to address broader issues of fairness and justice.
What is the meaning of equitable?
Possessing or exhibiting equity; according to natural right or natural justice; marked by a due consideration for what is fair, unbiased, or impartial; just; as an equitable decision; an equitable distribution of an estate; equitable men., That can be sustained or made available or effective in a court of equity, or upon principles of equity jurisprudence; as, an equitable estate; equitable assets, assignment, mortgage, etc.
In federal court parties have a right to trialby jury when seeking equitable relief?
The statement that federal court parties have the right to trial by jury when seeing equitable relief is true. This right was put into place when the 7th Amendment was ratified.
What is the meaning behind the word equitable?
Equitable means fair and just, implying the distribution of resources or opportunities in a way that is impartial and unbiased. It is often used to describe a system or process that aims to ensure equality and fairness for all involved.
Can small claims court impose equitable relief?
Depending on the State in which you are filing your small claims suit, equitable relief is available. You will need to do your research on local and state civil codes to ensure the following info is accurate. But as of 2008 these are states that will NOT allow Equitable Relief.Below are a list of states that DO NOT offer Equitable Relief:COLORADOCONNECTICUTDISTRICT OF COLUMBIAHAWAIIINDIANAIOWA MAINEMARYLANDMICHIGANNEVADANEW YORKNORTH CAROLINANORTH DAKOTAOHIOTEXASVERMONTWASHINGTONWEST VIRGINIA
What does note of issue mean in court case mean?
It's an older name for an equitable-bond or stock certificate in a company.
What has the author George Spence written?
George Spence has written: 'The equitable jurisdiction of the Court of Chancery' -- subject(s): Great Britain, Great Britain. Court of Chancery, Great Britain. Court of Chancery, Law, Equity, History
Is recission a legal or an equitable remedy?
Rescission is considered an equitable remedy. It allows a contract to be cancelled and parties to be restored to their pre-contractual positions. It is typically granted by a court to prevent unjust enrichment or unfair outcomes.
If equitable remedies are only allowed at the discretion of the court what happens when damages are not an adequate remedy?
The court's decision can be appealed to a higher court for review. However, the higher court will only consider matters of law. There must be a legal basis for the appeal such as an error in the trial procedure or the judge's application of the law.
Are Laws are classified as procedural and equitable?
No, laws are not procedural or equitable
