Equity is the name for a set of legal principles,
In countries with English common law tradition,
Supplemented by strict rules of law in
Application that works hard to achieve what
Sometimes "natural justice" as is known. Often
In this context, 'law', compared with the confused
"Positive law" (the law refers to a force set up by
Parliament, the legislature) and "common law" (
Principles established by judges when deciding cases).
In modern practice, perhaps the most important differences in
Law and justice between the amount of resources that each provides.
The most common ways that a court may award money
Damage. Fairness, however, orders or regulations shall
To work towards anyone or refrain from acting.
In practice this form of assistance is often more
Valuable to a plaintiff.
Just an actor whose neighbor does not want milk
Cow wandered into the neighboring property to
For example, you can not just cows and
Monetary value. In general, the plaintiff, not a
Relief "as long as there is not enough
Law measures, "ie, a court will not
Court, if monetary damages are inadequate
Measure the damage in question. Courts are also
Order, "vehicle" is called (such as habeas corpus)
But they are less flexible and more difficult to find
A court order. And the unavailability
A jury in the capital, where Judge Trier of fact.
American legal system, the right to a jury trial in the
In civil cases guaranteed by the federal courts have tried to
Seventh Amendment, but only "general law [I] n litigation"
Cases handled in the traditional
By courts.
A question of whether a case should be determined by
Jury depends largely on the type of relief the plaintiff
Request. If the applicant claims as a loss
Support in the form of money or other benefits, forms
Of a certain good, such as processing
Law and fact finder is called a jury. In
On the other hand, if the complainant seeks an injunction
Some of the benefits or changes announced
Contract, or other non-monetary demands
Usually in the capital. A final important difference
Between law and justice is the source of rules
Major decisions. Law, decided
Reference to legal principles or methods.
In contrast, with emphasis on equity, equity capital, and
Flexibility, only a general guideline, the maximum known as the
Equity. As described below, a historical critique of equity
How was it developed that he was not a fixed rule,
Lord Chancellor from time to time to assess
Home after their own discretion. Over time,
The rule of equity has lost its flexibility and
From the 17th century, is fast to strengthen the equity
For example a cousin, like common law systems.
Bleak House by Charles Dickens much time parody
And expenses associated with the Court of Chancery of 19
Century England.
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