In the world of law, the term “court of equity” is used to describe a judicial body that resolves disputes when the common law courts do not provide a satisfactory outcome. This court of equity uses a different set of standards from the common law courts, often referring to precedents established in earlier times as well as the standards of fairness rather than strict adherence to a particular written law. Given this, the court of equity is sometimes termed an equitable court.
What Are the Features of a Court of Equity?
At a court of equity, the remedy is available to those with a legitimate grievance or wrong that has been done to them. Plaintiffs in an equitable court are not guaranteed a right to a trial; rather, they’re allowed to present their evidence and plead their case before a judge. Both parties in a dispute are expected to share their evidence and the judge decides the outcome using principles of fairness and justice.
Unlike a common law court, the court of equity is not bound by strict rules of evidence but may rely on its own knowledge in order to determine the outcome. Additionally, should the defendant breach any of the court’s orders, the court has the power to issue sanctions such as fines or imprisonment.
Modern Examples of Court of Equity
The concept of a court of equity has been around for centuries. In modern times, courts of equity are the preferred forum for resolving a variety of issues such as contract disputes, trust disputes, mortgage foreclosure, transfer of property, contract modification or termination, and unfair trade practices.
In the United States, the term “equity court” is rarely used due to the predominance of common law courts. It is, however, still used in the UK, India, and other countries with a raised focus on local system of justice. In some U.S. states, equity courts exist and are designed to resolve specific types of issues.
In Conclusion
So, what does “court of equity” mean? It is a judicial body that is separate from traditional common law courts. This court of equity considers the specifics of a case and applies principles of fairness rather than relying on written law or a set of rules. When common law courts fail to provide an appropriate resolution, a court of equity can provide the remedy that is most fitting to the situation.