Also known as:law & equity · common law and equity
Written by attorneys · grounded in primary & secondary sources — see below
A dual system of remedies and jurisdiction under which courts award money damages for legal claims and grant injunctions or specific performance for equitable claims. The distinction determines the form of relief available and whether jury trial rights attach.
Sources & Authorities
How it applies
Common Examples
6
Federal Court Jurisdiction Over Mixed Claims
Lily Lopez sues a federal agency in district court for damages from lost business and an order correcting an erroneous database entry. The court exercises authority over both the damages claim and the request for corrective relief because Article III extends judicial power to cases in law and equity.
Injunction Available Despite Jury Issues
Lakeshore Industries sues a competitor for repeated disclosure of trade secrets and seeks both damages and an order barring future use. The court may issue the injunction even though factual disputes require a jury trial on the damages claim.
Select any source to read its text and confirm it supports the definition.
Statutes
Uniform Acts
Model Codes
Restatements
Course Outlines
Study Supplements
Cipollone v. Liggett Group, Inc.893 F.2d 541 (3d Cir.1990), affirmed in part and reversed in part, 505 U.S. 504 (1992)
Equitable Recovery For Services Rendered
Layla Lane lived with Leo Lynch for years and provided homemaking and business services under the belief they were married. After separation she recovers the value of her services in equity even though no formal marriage existed.
Watts v. Watts137 Wis. 2d 506, 405 N.W.2d 303 (1987)
Mandamus As Equitable Relief
Luna Lang petitions the Supreme Court for a writ directing a lower official to deliver her judicial commission. The Court treats the request as a case in equity arising under federal law and issues the writ.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Third-Party Beneficiary Enforcement
Lumen Capital promises a testator to pay a sum to Lars Lindstrom upon the testator's death. After the testator dies, Lindstrom sues in equity to enforce the promise even though he supplied no consideration.
Seaver v. Ransom224 N.Y. 233, 120 N.E. 639 (1918)
Jury Trial On Legal Claims Before Equity
Loyal Insurance sues Beacon Theatres for breach of an exclusive film license and seeks damages plus an injunction against further showings. The court must first try the damages claim to a jury before ruling on the equitable injunction.
Beacon Theatres, Inc. v. Westover359 U.S. 500 (1959)
Common questions
Frequently Asked
5
What relief does a court grant in equity versus at law?+
Courts at law award money damages. Courts in equity grant injunctions, specific performance, or other non-monetary relief when damages are inadequate.
Supporting sources
Does the presence of factual disputes bar equitable relief?+
No. Courts may grant injunctions even when factual issues must be tried to a jury on accompanying legal claims.
Supporting sources
How does modern procedure affect the law-equity distinction?+
Modern rules have merged the systems so that both forms of relief may be sought in a single action, yet the distinction still controls jury trial rights and available remedies.
Supporting sources
When do covenants run with land under both law and equity?+
Modern doctrine treats real covenants and equitable servitudes as a single category of servitudes enforceable in both law and equity when the promise touches and concerns the land and binds successors.
Supporting sources
Does Article III limit federal courts to criminal cases?+
No. Article III extends judicial power to all cases in law and equity arising under federal law and to controversies involving the United States as a party, including civil actions.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…that power? The 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.…