Common-law courts award damages while equity courts issue injunctions
Evidence
Only equity, for example, ever granted an “injunction,” that is, an order to a defendant to stop doing something wrong (or start doing something right). Common-​law courts had no way of issuing such an order. On the other hand, the common-​law courts could award money damages; equity courts could not. The English system of justice was essentially made up of law plus equity. Each one was, in itself, somewhat defective; together they made up a more satisfactory whole. — Lawrence M. Friedman and Grant M. Hayden, American Law, 351
Categorization
- DEFINE: Distinguishes the two remedy types (damages vs. injunction) and why both were needed.
- XREF: connects to: Historical law-equity classification still determines the right to a jury trial today — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 356; Equitable construction can restrain, enlarge, or contradict a statute’s letter — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1903; Injunctions are equitable remedies distinct from monetary damages. — G. Alan Tarr, Judicial Process and Judicial…, 178 (+1 more)
Broader Connections
- Injunctions are equitable remedies distinct from monetary damages.
#expands(0.95) — G. Alan Tarr, Judicial Process and Judicial…, 178