Sentences with phrase «court of equity»

At one time, based on the very remedies they had jurisdiction to provide litigants, American courts were split in two, with courts of equity and courts of law.

Years before Justice Story's Commentaries on Equity Jurisprudence, Hamilton argued that courts of equity provided relief «in extraordinary cases, which are exceptions to general rules.»

What we refer to as fiduciary duty is the obligation imposed in earlier centuries by courts of equity, and authoritatively recognized in the early years of this century...»

Does that mean the SmCC's are courts of equity?

By the 1830s, Upper Canada had a fully - functioning judicial system including superior, county and district courts, a court of equity (called the Court of Chancery), and a small claims court (called Division Court).

«Courts of equity may properly take into account the public interest in the elimination of such obstacles in a systematic and effective manner.

Decree: The decision of a court of equity.

Now you may appear in a court of equity that will claim some or other ACT demands that you MUST do this OR face arrest and prosecution... This is based on the assumption that there is no superior or private law involved.

No adequate remedy at law, sufficient to prevent a court of equity from acting, exists in a case where the enforcement of an unconstitutional state rate statute would require the complainant to carry merchandise at confiscatory rates if it complied with the statute, and subject it to excessive penalties in case it did not comply therewith, and its validity was finally sustained.

Historically, there were separate «courts of equity,» but today, most courts have «equity jurisdiction,» i.e., they can apply «equitable principles» to cases, including divorce.

Short of an actual promise, if he, by his words or conduct, so behaves as to lead another to believe that he will not insist on his strict legal rights — knowing or intending that the other will act on that belief — and he does so act, that again will raise an equity in favour of the other; and it is for a court of equity to say in what way the equity may be satisfied.

Courts of equity had an entirely discretionary jurisdiction to order costs according to the dictates of conscience.

He owes those duties because the law imports those duties as a contractual term or because the contract contains an express term to that effect or because a court of equity would have imposed an obligation of good faith and fidelity as a matter of conscience.»

The moving parties raised other arguments — including that their matter had to be heard in a court of equity which would apply Aboriginal law, not common law or statute, and that theChildren's Aid Society and the province of Ontario had no authority to apprehend children of Aboriginal or Métis origin.

The Small Claims Court is a branch of the Ontario Superior Court of Justice that is designed to be a people's court and a «court of equity.»

After this time they adopted the term solicitor, which was previously used for the courts of equity.