Also known as:equity jurispudence · equity · chancery jurisprudence
Written by attorneys · grounded in primary & secondary sources — see below
The body of rules, principles, and maxims that govern decisions by courts of equity. It identifies the cases and controversies suitable for equitable relief and prescribes the remedies equity grants.
Sources & Authorities· 32 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Risk Passes on Land Contract
Elena Estrada signed a binding contract to buy a warehouse from Everest Holdings. Before closing a fire destroyed the building. Equity treats Elena as owner from contract formation, so she must pay the full price despite the loss.
Federal Equity Jurisdiction
Eduardo Enriquez sued a state agency in federal court claiming a constitutional violation. The court exercised jurisdiction because Article III extends the judicial power to cases in law and equity arising under the Constitution.
Will Cannot Reach Tenancy
Esther Eisenberg executed a will attempting to leave the marital home to a charity. She died while still married and holding the home as tenants by the entirety. Equity leaves title to pass by survivorship to her spouse rather than through the will.
Edward Everett lost a nonjury contract dispute. He moved for a new trial. The court may grant relief on any ground that would have supported a rehearing in a suit in equity.
Arbitration Agreement Enforced
Eileen Epstein and Echo Systems signed an agreement to arbitrate future family-law disputes. When a dispute arose, the court enforced the clause because it is valid and irrevocable except on grounds existing at law or in equity for revoking any contract.
Fairness Defense to Claim
Edith Eberhardt, a partner, approved a transaction with her own firm. Another partner later challenged it. The transaction stands because it was fair to the partnership, supplying a complete defense to any claim in equity.
Common questions
Frequently Asked
3
What does equity jurisprudence encompass?+
It encompasses the rules, principles, and maxims that guide courts of equity, the controversies suitable for equitable relief, and the remedies equity provides.
Supporting sources
How does equity jurisprudence differ from law?+
Equity jurisprudence supplies flexible remedies such as specific performance and injunctions when legal remedies are inadequate, while law provides damages and other fixed remedies.
Supporting sources
Does equity jurisprudence still exist as a separate system?+
Modern courts apply equitable principles within unified systems, yet the doctrines of equitable conversion, equity of redemption, and fairness defenses remain distinct bodies of rules.
5 U.S. (1 Cranch) 137 (1803)Property
…second section of the third article of the Constitution gives this court appellate jurisdiction in all cases in law and equity arising under the Constitution and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions and under such regulations as Congress shall make.…