Basics

Question 1

Maxims of equity

Answer 1

1. One who seeks equity must do equity
2. One who comes into equity must come with clean hands
3. Equity aids the vigilant, not those who slumber on their rights
4. Equity acts in personam
5. Equity follows the law
6. Equity delights to do justice and not by halves
7. Equity will not suffer a wrong to be without a remedy
8. Equity regards as done that which ought to be done
9. Equity regards substance rather then form
10. Equity imputes an intent to fulfill an obligation
11. Equality is equity
12. Between equal equities the law will prevail
13. Between equal equities the first in order of time shall prevail
14. Equity abhors a forfeiture
15. Equity will not aid a volunteer

Question 2

Exception to in personam limitation

Answer 2

Writ of sequestration against the property of defendant.

May also get a writ of assistance issued to the sheriff to put plaintiff in possession of property.

Question 3

Extraordinary writs

Answer 3

Not to be confused with extraordinary remedies. Extraordinary remedies are remedies in quarts of equity that would not be available in a court of law.

Extraordinary writs are writs such as the writ of mandamus, habeas corpus, prohibition, quo warranto, and certiorari.

Question 4

An equitable remedy is only available

Answer 4

When there is no adequate remedy at law