As Section II.A explained, the argument that domestic-relations cases fall beyond the scope of Article III jurisdiction rests on the claim that English law and equity courts
could not hear domestic-relations cases because the ecclesiastical courts had exclusive jurisdiction over them.
in England performed two primary functions.
(278.) See Emmerglick, supra note 64, at 245 (describing benefit of separate equity courts
); Main, supra note 3, at 477-78 (describing problems in merged systems of law and equity); see also supra Part II.B.1 (describing separate equity court
in Massachusetts); supra Part II.B.2 (describing separate equity court
equitable defense to a legal claim could first go to the equity court
The Court began its legal discussion in Great-West by discussing Mertens and reaffirming its holding that "the term 'equitable relief' in [section] 502(a)(3) must refer to 'those categories of relief that were typically available in equity....'" (31) Turning to Great-West's argument, the Court delved into the history of equitable restitution, distinguishing between that type of restitution, which was typically only available in equity courts
, and legal restitution which could be awarded by courts at law.
First, although equity courts
historically lacked statutory authorization to award punitive damages, (1) the distinction between law and equity no longer exists in Florida and does not provide a cogent basis for denying punitive relief.
Specifically, it describes how some once questioned the legitimacy of the king's exercise of power through the equity courts
in much the same way that some today question the exercise of the president's power when acting in gray areas.
The focus in both chapters is affected by the source material examined (largely the equity court
petitions,) and McIntosh seems particularly concerned here to discuss new areas rather than to summarize existing scholarship.
It operates essentially as an 'equity court
' and its decisions are legally binding.
"Convenient collections of cases permitting or refusing the award of exemplary damages in equity up to 1956 may be found in 'Power of Equity Court
to Award Exemplary or Punitive Damages' 48 ALR (2d) 947.
Having made his way back to Four, Equity Court
, Rumpole is not to be removed and so we amble through these short stories where nothing very much in particular happens.
The Chester Exchequer grew rapidly into a booming equity court
. The culture of independence was deepened and enriched by palatine lawyers and antiquarians.