Also known as: equitable power · equity powers
Written by attorneys · grounded in primary & secondary sources — see below
The inherent authority of courts to grant or shape relief according to traditional principles of equity.
Ella Emerson obtained a judgment against Elemental Pharmaceuticals, a limited partnership. She moved to execute against the personal residence of the general partner after the partnership's equipment remained unencumbered. The court granted permission because forcing collection from the business assets would disrupt ongoing operations without clear benefit.
Omega Estates held a judgment against Imperial Buildings. The unfinished project was encumbered by liens and required further investment to realize value. The court permitted levy on the general partner's vacation home after finding that exhaustion of partnership assets would be excessively burdensome.
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Homeowners sued a wind farm operator for nuisance caused by turbine noise. Disputed facts about sound levels went to a jury. The court then exercised its equitable powers to issue a narrowly tailored injunction limiting nighttime operations based on the jury's findings.
A railroad challenged a state commission order affecting its operations. The federal court stayed the federal suit to allow state courts to resolve an unsettled question of state law. The stay preserved the federal court's equitable powers for later resolution if needed.
A newspaper sought to publish information obtained in discovery from a religious leader. The district court issued a protective order limiting dissemination. The order reflected the court's equitable powers to balance First Amendment interests against privacy concerns.
A trustee sought to recover a fraudulent conveyance from a creditor. The creditor demanded a jury trial. The court held that the Seventh Amendment preserved the jury right because the claim was legal in nature rather than one historically resolved in equity.
A court may grant permission when partnership assets are clearly insufficient, exhaustion would be excessively burdensome, or other equitable considerations support immediate recourse to personal property. The statutes list this option alongside bankruptcy, partner agreement, and independent liability as alternative conditions.
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No. Courts routinely have juries resolve factual disputes and then apply those findings when deciding whether equitable relief is appropriate. The jury right and equitable powers coexist rather than displace each other.
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The court balances the gravity of harm to the plaintiff, the social utility of the defendant's activity, the feasibility of alternatives, and the adequacy of money damages. Public benefits such as environmental gains are proper considerations in this balancing.
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…Negro children should forthwith be admitted to schools of their choice, or" "(b) may this Court, in the exercise of its equity powers, permit an effective gradual adjustment to be brought about from existing segregated systems to a system not based on color distinctions?" "5. On the assumption on which questions 4(a) and…