Equity Acts in Personam
In England, there was a distinction drawn between the jurisdiction of the law courts and that of the chancery court. Courts of law had jurisdiction over property as well as persons and their coercive power arose out of their ability to adjust ownership rights. Courts of equity had power over persons. Their coercive power arose from the ability, on authority of the crown, to hold a violator in contempt, and take away his or her freedom (or money) until he or she purged himself or herself of his or her contumacious behavior. This distinction helped preserve a separation of powers between the two courts.
Nevertheless, courts of equity also developed a doctrine that an applicant must assert a "property interest". This was a limitation on their own power to issue relief. This does not mean that the courts of equity had taken jurisdiction over property. Rather, it means that they came to require that the applicant assert a right of some significant substance as opposed to a claim for relief based on an injury to mere emotional or dignitary interests.
Read more about this topic: Maxims Of Equity
Famous quotes containing the words equity and/or acts:
“If equity and human natural reason were allowed there would be no law, there would be no lawyers.”
—Christina Stead (19021983)
“I am the LORD, and I will free you from the burdens of the Egyptians and deliver you from slavery to them. I will redeem you with an outstretched arm and with mighty acts of judgment. I will take you as my people, and I will be your God. You shall know that I am the LORD your God, who has freed you from the burdens of the Egyptians.”
—Bible: Hebrew, Exodus 6:6,7.