Law Dictionary

The essential inquiry in all the foregoing cases is, however, inevitably a dual one: What legitimate state interest does the classification promote? What fundamental personal right

The constitutional prohibition applies only to taxation which in fact bears unequally on persons or property of the same class and that mere differences in modes of assessment do n

The guaranty of "equal protection of the laws," used in the fourteenth amendment to the Constitution of the United States, means that no person or class of persons shall be denied

The equal protection of the laws means subjection to equal laws, applying alike to all in the same situation. If the plaintiff is a person within the jurisdiction of the state of A

Equal representation for equal numbers of people is a principle designed to prevent debasement of voting power and diminution of access to elected representatives.

no more than a command that members and classes of members shall not be discriminated against in their right to nominate and vote

Once the geographical unit for which a representative is to be chosen is designated, all who participate in the election are to have an equal vote—whatever their race, whatever the

An officer of sinte under the master of the horse.

A knight. Used chiefly in heraldry; miles, being the technical legal term. 4 Inst. 5.

An equal. It is mentioned in Simeon Dunelra, A. D. 882. Jacob.

The term "equine constituencies" means, collectively, owners, breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys who are engaged in the

The term "equine industry representative" means an organization regularly and significantly engaged in the equine industry, including organizations that represent the int

The name given to two periods of the year when the days and nights are equal; that is, when the space ol between the rising and setting of the sun is one-half of a natural day. The

In ordinary speech the load of a vehicle is not spoken of as a part of its equipment.

The term “equipment leasing” means— (i) the leasing of equipment which is section 1245 property, and (ii) the purchasing, servicing, and selling of such equipment.

The term “equipment manufacturer” means any person engaged in the manufacture, construction, or assembly of recreational vessels or associated equipment, or the importation of recr

Just; conformable to the principles of natural justice and right. Just, fair, and right, in consideration of the facts and circumstances of the individual case. Existing in equity;

The necessary prerequisite to the right to maintain a suit for an equitable accounting, like all other equitable remedies, is...the absence of an adequate remedy at law. Consequent

One founded on an equity or cognizable in a court of equity; or, more specifically, an action arising, not immediately from the contract in suit, but from an equity in favor of a t

the contractor has agreed in effect to convert what otherwise might be claims for breach of contract into claims for equitable adjustment. The changes clause, for example, permits

the principles of right and equity shall be applied having regard to the 'equal level or plane on which all the States stand, in point of power and right, under our constitutional

Such assets as are chargeable with the payment of debts or legacies in equity, and which do not fall under the description of "legal assets." Those portions of the property which,

Any order, writing, or act which makes an appropriation of a fund, amounts to an equitable assignment of the fund. The reason is, that the fund being a matter not assignable at law

The Bankruptcy Act, passed pursuant to the power given to Congress by Art. I, § 8, of the Constitution to establish uniform laws on the subject of bankruptcy, converts the creditor

if there be admissible in any statute what is called an equitable construction, certainly such a construction is not admissible in a taxing statute, where you can simply adhere to

Equity considers that as done which is agreed to be done. Money which, according to a will or agreement, is to be invested in land, is regarded, in equity, as real estate; and land

A defence to an action on grounds which, prior to the passing of the Common Law Procedure Act (17 and 18 Vict. c. 125), would have been cognizable only in a court of equity. Moz. &

The test under section 274b is whether the defendant could have maintained a bill in equity on the same averments. The defendant's rights to a hearing in equity are 'the same,' not

The special easements created by derivation of ownership of adjacent proprietors from a common source, with specific .intentions as to buildings for certain purposes, or with impli

A proceeding in use in Pennsylvania, brought to enforce specific performance of a contract for the sale of land, and for some other purposes, which is in form an action of ejectmen

The choice to be made by a person who may, under a will or other instrument, have either one of two alternative rights or benefits, but not both. Peters v. Bain, 133 U. S. 670 , 10

A right or Interest in land, which, not having the properties of a legal estate, but being merely a right of which courts of equity will take notice, requires the aid of such court

The doctrine of equitable estoppel is not a bar to the correction by the Commissioner of a mistake of law.

where one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it... the principles which underlie equ

This term is sometimes applied to the appointment of a receiver with power of sale. Hatch v. Van Dervoort, 54 N. J. Eq. 511, 34 Atl. 938

An interest which although lacking in the characteristics of a legal estate, the owner may enforce in a court of chancery. 82 111. 249.

The interest was present property alienable like any other, in the absence of a valid restraint upon alienation.

Although courts of admiralty have no general equity jurisdiction, and cannot afford equitable relief in a direct proceeding for that purpose, they may apply equitable principles to

The equitable jurisdiction of the courts of the United States as courts of law is chiefly exercised in the amendment of pleadings and proceedings in the court, and in the supervisi

From the earliest ages, Courts of equity have refused their aid to those who have neglected, for an unreasonable length of time, to assert their claims, especially where the legal

The filing of a creditor's bill and the service of process creates a lien in equity upon the effects of the judgment debtor. It has been aptly termed an 'equitable levy.

the parties were business men, acting without lawyers, and in good faith attempting to create a present security out of specified bonds and stocks. ... If an express declaration of

such as exist in equity, and of which courts of equity alone take cognizance. A lien is neither a jus in re nor a jns ad rem. It is nut property in the thing, nor does it constitut

he who seeks the aid of equity, to be relieved from usury, must do equity by paying the principal and legal interest upon the money borrowed.

the general rule is, that whatever, for a valuable consideration, is covenanted to be done, shall, in equity, be looked upon as done.

Equity regards that as done which ought to be done. It looks to the true intent and meaning, rather than to the form. It relieves against the consequences of accident and mistake,

the effect of the purported contract of lease of January, 1919, was that of an equitable mortgage. The rentals to be paid were the installments of the amount due under the original

The doctrine of equitable mortgage by deposit of title deed has been too long established to be now disputed; but it may be said that it ought never to have been established. I am

One owning an equitable interest.

A plea in an action at law presenting an equitable defense.

Its defense, which inheres in the cause of action is comparable to an equitable recoupment or diminution of petitioners' right to recover. Such a defense is never barred by the sta

forms of equitable relief available in the English Court of Chancery at the time of the founding.

Without attempting to draw any precise line to which Courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtaine

It is not necessary in such a situation, in order to establish the right to relief to show that the beneficiary was damaged by the fraudulent conduct of the trustee. It is sufficie

By analogy, the term "salvage" is sometimes also used in cases which have nothing to do with maritime perils, but in which property has been preserved from loss by the last of seve

A seisin Which la analogous to legal seisin; that is, seisin of an equitable estate in land. Thus a mortgagor is said to have equitable seisin of the land by receipt of the rents.

Possession of an equitable interest in land.

it is for that court—not without appropriate regard for rights acquired under rules of state law—to define and apply federal law in determining the extent to which the inequitable

A surety liable only for part of the debt does not become subrogated to collateral or to remedies available to the creditor unless he pays the whole debt or it is otherwise satisfi

the term “equitable tender” means the practice of the Postal Service of equitably distributing mail on a fair and reasonable basis between those air carriers that offer equivalent

lands sold by the United States may be taxed before they have parted with the legal title by issuing a patent … as applicable to cases where the right to the patent is complete, an

The ward or the beneficiary of a trust may, at his option, follow the trust res fraudulently diverted until it reaches the hands of an innocent purchaser for value, or he may, at h

Injury to the inheritance, the remainder or reversion. See 193 111. 372, 55 L. R. A. 701, 62 N. E. 210.

no more than that the rules of law applicable to the case shall be construed liberally in favor of the claimants.

Equity follows the law. See 170 Mo. 531, 62 L. R. A. 427, 71 S. W. 337.

In old English law. Needful equipments for riding or travehng.

Traditionally, equity has been characterized by a practical flexibility in shaping its remedies and by a facility for adjusting and reconciling public and private needs.

A system of jurisprudence collateral to, and in some respects, independent of law, properly so called; the object of which is to render the administration of justice more complete,

The chancery of England has, it is true, taken cognizance of cases respecting land in Ireland and the colonies, but in such cases it never attempts to act directly upon the land it

On the other hand it may with equal safety be laid down as a general rule that a defence cannot be set up in equity which has been fully and fairly tried at law, although it may be

The term “equity base” means an amount determined in the manner prescribed by regulations equal to— (A) the surplus and capital, (B) adjusted as provided in paragraphs (3), (4), (5

the term “equity capital” means common and preferred stock, surplus, undivided profits, contingency reserves, and other capital reserves; / The term "equity capital" mean

Every court of equity possesses the power to mould its rules in relation to the time and manner of appearing and answering, so as to prevent the rule from working injustice; and it

Courts which administer justice according to the system of equity, and according to a peculiar course of procedure or practice. Frequently termed "courts of chancery." See 1 Bl. Co

Where a party asking its aid refuses to comply with the conditions on which that aid must depend, a Court is certainly correct in refusing its aid, and may dismiss the bill. But in

A court of equity ought to do justice completely, and not by halves.

Equity may be invoked to aid in the completion of a just but imperfect legal title, or to prevent the successful assertion of an unconscientious and incomplete legal advantage; but

the acts of congress have distinguished between remedies at common law and in equity; and that to effectuate the purposes of the legislature, the remedies in the courts of the Unit

The term “equity interest” means— (I) a share in an entity, without regard to whether the share is— (aa) transferable; or (bb) classified as stock or anything similar; (II) a capit

the arrest by the federal courts of the processes of the criminal law within the states, and the determination of questions of criminal liability under state law by a federal court

The term “equity investment” means— (A) any stock (other than nonqualified preferred stock as defined in section 351(g)(2)) in an entity which is a corporation, and (B) any capital

the objection that the bill does not make a case within the equity jurisdiction of a federal court goes not to the power of the court as a federal court, but to the merits.

The equity jurisdiction conferred on the Federal courts is the same that the High Court of Chancery in England possesses; is subject to neither limitation or restraint by State leg

courts of equity will interfere to compel the payment of alimony which has been decreed to a wife ... when a court of competent jurisdiction over the subject-matter and the parties

A court of equity has no jurisdiction over the prosecution, the punishment, or the pardon of crimes or misdemeanors. ... But a distinction obtains when it is found to be essential

The jurisdiction of a court of equity to reach the property of a debtor justly applicable to the payment of his debts, even when there is no specific lien on the property, is undou

A court of equity acting upon the person of a defendant may control the disposition of real property belonging to him situated in another jurisdiction, and even in a foreign countr

our jurisdiction in equity extends over frauds generally, and in a special manner one like this, to which it is doubtful whether any remedy existed by law when defending the origin

the jurisdiction has been finally sustained; upon the principle that equity can give more adequate and complete relief than can be obtained at law. Whilst, therefore, it is admitte

the jurisdiction of equity to avoid multiplicity of suits at law is restricted to cases where there would otherwise be some necessity for the maintenance of numerous suits between

Where the legislature declares certain instruments illegal and void, as the British annuity act does; or as the gaming acts do; there is inherent in the Courts of Equity a jurisdic

It must appear that the enforcement of the tax would lead to a multiplicity of suits, or produce irreparable injury, or where the property is real estate, throw a cloud upon the ti

whenever a creditor has a trust in his favor, or a lien upon property for the debt due him, he may go into equity without exhausting legal processes or remedies.

That portion of remedial justice which is exclusively administered by courts of equity, as distinguished from courts of common law. Jackson v. Nimmo, 3 Lea (Tenn.) 609.

For a court of equity looks to substance rather than to form.

the maxim is one which applies to him who affirmatively seeks equitable relief.

equity, which usually looks upon that as done which ought to have been done, would regard such a conveyance as actually made, and therefore treat the company as an assign.

More than a century ago... an advowson was decreed to be sold, at the instance of creditors, as assets descended... Lord Hardwicke decreed a sale of a moiety of the land to satisfy

the law does not go to the romantic length of giving indemnity against the consequences of indolence and folly, or a careless indifference to the ordinary and accessible means of i

Where a class of cases is not within the words of a statute, but it is patent that it would have been included had it been within the mind of the legislature, it is included by con