Law and equity powers differ by the remedy a judge provides

Evidence

The merger of legal institutions did not eliminate equity from the U.S. legal system; it merely placed law and equity powers in the same set of hands. Thus, in interpreting a statute or awarding monetary damages in a civil case, a judge is exercising law powers. However, when a judge provides a remedy other than monetary damages—such as issuing an injunction (a legal order to a defendant to stop or start doing something)—the judge is exercising equity powers. Judicial orders that limit picketing by strikers outside a business or compel local school districts to bus children to desegregate their schools are current examples of how judges use their equity powers. — G. Alan Tarr, Judicial Process and Judicial…, 184

Categorization

• DEFINE: Provides the operative definition of law powers versus equity powers — distinguished by remedy type (damages vs. mandatory prohibitory orders) rather than by separate courts.
• XREF: Equity injunctions — desegregation busing orders especially — directly illustrate the policymaking dimension of courts central to this course’s inquiry into judicial interpretation and remedies. — connects to: Common-law courts award damages while equity courts issue injunctions — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 351; Juries can apply discretion and equity without creating binding precedent — G. Alan Tarr, Judicial Process and Judicial…, 885; Equity must extend common-law principles to novel wrongs produced by new social conditions — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1127 (+1 more)

Broader Connections

• Common-law courts award damages while equity courts issue injunctions #exemplifies (0.97) — Lawrence M. Friedman and Grant M. Hayden, American Law, 351
• Equity must extend common-law principles to novel wrongs produced by new social conditions #qualifies (0.76) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1127
• Juries can apply discretion and equity without creating binding precedent #expands (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 885