Asi, del mismo modo que el pretor seguia al Derecho civil en Roma, la
Court of Equity corrigio a los tribunales del common law.
[section] 1481 announced for good measure that "[a] bankruptcy court shall have the powers of a
court of equity, law, and admiralty." (168) This prescription assured that inherent authority, to the extent it includes contempt, could not be less in bankruptcy courts than it is in the district courts.
Thus, a litigant may be denied relief by a
court of equity on the ground that his conduct has been inequitable, unfair and dishonest, or fraudulent, or deceitful.' (Buemer vs.
"The unclean hands of Taupa is a vital consideration in this
court of equity," Ashmore wrote.
(67) In Narmada Bachao Andolan, the SCI held that, 'a person seeking relief in public interest should approach the
Court of Equity, not only with clean hands but also with a clean mind'.
C&J Energy also addresses the Court of Chancery's role as a
court of equity with broad discretion.
First, as a
court of equity (that can also grant monetary relief as part of its clean-up jurisdiction), it is an expert in evaluating requests for equitable relief and crafting injunctions.
In discussing the AIA in 1903, the Pacific Steam Whaling Court equated the AIA with traditional rules of equity and described the rule as follows: "Something more than mere illegality is necessary to justify the interference of a
court of equity." (252) The Court went on to consider whether the case fell within any traditional equitable head of jurisdiction: irreparable injury, multiplicity of suits, and cloud upon real estate title.
386, 390 (1897) (describing role of conscience in
court of equity).
The first two, "theoretical," books examine the powers of a
court of equity as derived from justice and from utility, the two great principles Kames felt governed equity.
As Justice Thurgood Marshall remarked in the Pentagon Papers case, "A
court of equity will not do a useless thing." (13) Perhaps a court order enjoining the continuation of a press run might have been effective at preventing the spread of defamatory speech in a pre-Internet world, but speech now radiates--and persists--in ways that would have been unimaginable only a quarter century ago.
court of law or the
court of equity depended on what remedy the
