Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A phrase denoting proceedings or remedies pursued in courts of common law as opposed to courts of equity. Such actions typically seek monetary damages rather than injunctive or other equitable relief.
A phrase identifying persons who take property by intestate succession under governing law rather than by will or other instrument.
Each sense below has its own examples, sources, and questions.
A phrase denoting proceedings or remedies pursued in courts of common law as opposed to courts of equity. Such actions typically seek monetary damages rather than injunctive or other equitable relief.
Select any source to read its text and confirm it supports the definition.
A phrase identifying persons who take property by intestate succession under governing law rather than by will or other instrument.
Select any source to read its text and confirm it supports the definition.
Adrian Aguilar prevailed in a jury trial against Artemis Logistics for breach of a shipping contract and received a damages award. Artemis moved for a new trial claiming the verdict was against the weight of the evidence. The court considered whether grounds existed that would have supported a new trial in an action at law.
Anika Anand and Andrew Avery signed a recorded agreement to arbitrate custody and support disputes arising from their divorce. When a dispute later arose Anika sought to revoke the agreement on contract grounds. The court upheld the agreement because no ground existed at law or in equity for revocation.
Alexis Archer received a commission from the president but the secretary of state refused to deliver it. Archer sued claiming violation of a vested legal right. The court examined whether the laws provided a remedy by suit or action at law for the injury.
Ava Adebayo held property belonging to an enemy alien during wartime. The United States instituted proceedings at law to confiscate the property found within the country. The attorney for the government pursued the action without relying on letters of marque.
Atlas Ventures hired Adrian Aguilar through a subcontractor to perform electrical work. Aguilar was injured on the job and sued Atlas at law for damages. Atlas raised an affirmative defense that the state workers compensation act barred the suit because Aguilar qualified as a statutory employee.
An action at law typically seeks monetary damages through jury trial while equitable proceedings seek specific performance or injunctions. Courts historically maintained separate systems for each. Modern rules have merged the procedures but the distinction still affects remedy selection.
Supporting sources
A court may grant a new trial after a jury trial for any reason that would have supported a new trial in an action at law. This includes verdicts against the weight of the evidence or errors of law. The rule preserves historical grounds for relief.
Supporting sources
Arbitration agreements remain enforceable except on grounds that exist at law or in equity for contract revocation. This preserves common-law defenses such as fraud or duress. The language ensures arbitration contracts receive the same treatment as other agreements.
Supporting sources
Andre Antoine executed a will devising his estate to his heirs at law if his children predeceased him. After his death the probate court applied the governing instrument and determined that the language did not create a reversion in the estate. The property passed directly to the designated beneficiaries under intestate succession rules.
Language describing beneficiaries as heirs at law no longer creates a reversionary interest in the transferor. The property passes directly to the named takers under the instrument. This eliminates the old presumption that such language reserved a future interest.
Supporting sources
…he receives an injury. It is a general rule that where there is a legal right there is also a legal remedy by suit or action at law. The government of the United States is a government of laws and not of men; it will cease to deserve that appellation if the laws furnish no remedy for the violation of vested legal…