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.
1 (describing separate equity court
in Massachusetts); supra Part II.
these state courts permitted equity courts
to decide intertwined legal
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.
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.
The equity court
merely estops the trustee from denying the receipt of interest at a rate that should have been received and fashions an award that precludes the erring fiduciary from keeping any ill-gotten gains.
The Chester Exchequer grew rapidly into a booming equity court
2d at 886 (equity court
may award punitive damages as a result of merger of law and equity courts
, expressly overruling Dunkel and providing comprehensive rationale for rejecting traditional rule).
14) And at that time, equity courts
did not issue anything analogous to TROs for creditor protection.
in England performed two primary functions.
In the other provinces of Canada, there was also little appetite for separate equity courts
Despite the essential framework available for making decisions in equity, equity courts
could not have imagined intervening in domestic violence cases for their first five centuries.