Power of Equity & Equitable Relief (Courts)
What is Equitable Relief by a Court?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is a Court's Power of Equity?
The power of equity allows the court to do what is right when the law does not provide an adequate remedy.
Why Do Courts Have the Power of Equity?
Article III Courts in the United States are vested with the power of law and equity.
What is Equitable Relief?
Equitable relief is a remedy offered by court asking one party to stop doing a specific activity. This is applicable in situations where lawful remedies do not offer adequate restitution.
How is Equitable Relief Used?
Equitable relief is used to provide a just and fair outcome or resolution of a situation when no legal remedy is available to provide fairness or justice in a given situation.
For example, an order for someone to refrain from conducting a specific act.
What are Equitable Remedies?
Common equitable remedies include:
- Injunction
- Specific Performance
- Account for Profits (Unjust Enrichment)
- Reformation/Rectification
- Equitable Estoppel
What are Some Equitable Doctrines?
Some fairness or equitable doctrines include:
- Laches
- Clean Hands
- Adequacy of Damages/Remedy
What is the Doctrine of Clean Hands?
The doctrine of clean hands holds that, take advantage of equitable relief, the offended party or the victim must be completely innocent or free from blame in a situation.
Related Topics
- US Courts (Intro)
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
- What is Subject-Matter Jurisdiction?
- What is Federal Court Subject-Matter Jurisdiction?
- What is State Court Subject-Matter Jurisdiction?
- Can a Federal trial courts hear state matters & vice versa?
- Can a Federal appellate court hear federal matters & vice versa?
- What is Personal Jurisdiction?
- How to establish Federal Court Personal Jurisdiction?
- How to establish State Court Personal Jurisdiction?
- What is a Long-Arm Statute?
- Who are the primary players in the state judicial system?
- What types of judges are part of the judiciary?
- What are the duties of trial judges in the legal system?
- Contempt of Court
- Declaratory Judgment
- Equitable Relief
- Equity - Definition
- What are the duties of Appellate Judges & Justices?
- De Novo Review
- What is the role of jurors in the judicial system?
- What number of jurors and juror votes are required for guilt or liability?
- What do Attorneys do?
- Who are the other players in the judicial system?
- US Circuit Court?
- US Supreme Court?
- Appeals from Legislative and Administrative Courts
- Appeals in the state court system?