Equity Flashcards
Who can you not sue in equity?
May not bring equitable claims against govt and equitable defenses can’t be raised against any govt body in VA.
Presiding officer in equitable claims is called
Chancellor NOT judge
Special rules protecting against unfairness in cases where a spouse doesn’t timely appear to defend divorce or annulment?
No divorce or annulment by default. Evidentiary submission must still be made by P so a proper record of grounds for divorce is presented to TJ even if D spouse fails to appear w/in 21 days. BUT only D whose attorney actually filed a written appearance and yet fails to answer w/in 21 days will need to be given notice when P decides to take depos or schedule other proceedings. D otherwise has no right to notice.
Jury trial of equitable claims:
No constitutional right on COA that was traditionally equitable.
Is a jury available in “mixed cases”?
In any case where there is a jury trial right for any of the claims, any party who makes timely demand for a jury to hear legal claims will be entitled to jury decision on those matters. Judge continues to decide whether a party is entitled to relief on equitable claims.
What are the two cases where statute allows jury hearings in equity that bind the chancellor?
1) Quiet title.
2) D files a plea to an equitable claim, which is a defensive pleading which sets forth a single dispositive state of facts which if proven would provide D a complete exoneration on P’s claim.
Advisory jury
P or D may request advisory jury “to inform the conscience of the court.” Chancellor has discretion to seat jury to hear hotly disputed factual issues, but jury verdict doesn’t bind court (merely advisory). Judge must make independent decision of the case.
How may decisions on equitable claims be reviewed?
1) Motion to suspend, modify, or vacate the judgment, which must be decided in writing w/in 21 days.
2) Bill of review filed w/in 6 mos. of entry of final judgment based on a) newly discovered evidence or b) error of law when it appears on the face of the record.
3) Appeal. Notice filed in TC w/in 30 days.
What is after discovered evidence in VA?
Party seeking relief bears burden of showing evidence:
1) Couldn’t have been discovered for use at the trial in the exercise of reasonable diligence;
2) Is not merely cumulative, corroborative or collateral; AND
3) Is material, and would probably produce opposite results on the merits at another trial.
When is appeal different in equity courts?
1) Domestic relations appeals: appeal as a matter of right to court of appeals.
2) All other cases: appeal only available to SC and only discretionary basis. Must petition for for appeal w/in 3 mos., but notice to CC w/in 30 days.
When must be shown to claim eligibility for equitable remedies?
1) Remedy at law inadequate
2) Equity is feasible
* **EQUITY IS ALWAYS DISCRETIONARY.
When is the remedy at law inadequate?
Money damages won’t make a P whole. EX:
1) Subject matter is rare/unique
2) Damages are speculative
3) D is insolvent
4) Multiple lawsuits would be required to protect P
5) Irreparable harm will occur
When is an equitable remedy feasible?
Either the person who’d be ordered to act or the property that is the subject of the suit must be w/in the forum state.
When is equitable relief likely to be denied?
Enforcement would require extensive supervision (or relief complex and long term) OR court would lack standards to measure compliance.
What types of injunctions may be sought?
Usually directed at tort or tort-like conduct.
1) Prohibitory: to prevent a threatened wrong or injury.
2) Mandatory: redress an injury which has already been inflicted.
When may courts refuse an injunction otherwise available?
If the burden or hardship on person enjoined is disproportionate to any benefit to the person seeking injunctive relief. “Equity will balance the hardships.”
When are injunctions usually available?
1) Continuous/repeated trespass to land
2) Conversion of unusual chattel
3) To stop unfair competition
When are injunctions sometimes available?
1) To eliminate nuisance if it is a private nuisance (direct injury) but not if it’s a public nuisance.
2) To prevent wast but not if it’s ameliorative waste.
When are injunctions usually not available?
1) Defamation
2) Commercial defamation (trade libel)
3) Invasion of privacy (unless it’s unauthorized use of person’s name or picture bc VA doesn’t have any other COA).
4) Equity won’t enjoin pending criminal proceedings, and will enjoin threats of crim proceedings only in extraordinary cases.
What is temporary injunctive relief?
Relief necessary to preserve status quo for time period needed to determine the issues in litigation.
