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Concept
Court of equity
Summary
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and extraordinary writs. Over time, most equity courts merged with courts of law, and the adoption of various Acts granted courts combined jurisdiction to administer common law and equity concurrently. Courts of equity are now recognized for complementing the common law by addressing its shortcomings and promoting justice.
In the early years of the United States, some states followed the English tradition of maintaining separate courts for law and equity. Others combined both types of jurisdiction in their courts, as the US Congress did for federal courts. United States bankruptcy courts serve as an example of a US federal court that operates as a court of equity. A few common law jurisdictions, such as the U.S. states of Delaware, Mississippi, New Jersey, South Carolina, and Tennessee, continue to preserve the distinctions between law and equity as well as between courts of law and courts of equity. In New Jersey, this distinction is upheld between the civil and general equity divisions of the New Jersey Superior Court.
The unique nature of courts of equity is a result of their historical evolution. This history has been crucial in shaping their application in case law, reflecting the values that have developed the equitable jurisdiction. The transformation of these courts demonstrates the evolution of equity's doctrines and remedies, changes in its dominant nature and traits, and the influence of social and political environments on its operation and underlying issues in jurisprudence.
Equity is currently recognized as a distinct body of law, administered by various modern courts. The evolution of procedures within courts of equity has guided the application of equitable principles.
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