Equity Jurisdiction

A Tract Book Essay

By

Anthony J. Fejfar, B.A., J.D., Esq., Coif

© Copyright 2007 by Anthony J. Fejfar

Some lawyers are not happy that Equity exists. What they do not seem to

understand is that Law is not rational without Equity. Equity takes into account and

solves those problems which cannot be adequately dealt with at Law. But, it is also true

to say, while Law has its Equity, Equity also has its law. There are Equitable Maxims

which can be used as legal precedent in arguing Equity cases.

The first Equity Maxim is that “Equity is, as Equity does.” What this means is

that those who recognize or do Equity are entitled to Equity. Those who reject Equity, in

general, or for others, are denied Equity, as a general matter. If a litigant fails the

foregoing test, then the Court sitting in Equity can only hear the case by reason of the

“Grace of the Chancellor.” What this means is that the Court sitting in Equity can

choose to hear a case “subjectively” as a matter of discretion, not right.

Once a Court has decided to hear a case in Equity, the next hurdle is the Equitable

Maxim, “Equity acts only when there is no adequate remedy at Law.” This means that,

as a general rule, a Court sitting in Equity will only hear a case when the case cannot be

resolved at Law. But, what if there seems to be an extreme injustice even when there is a

remedy at Law? In this case, another Equitable Maxim comes into play, “Equity abhors

an Injustice at Law.” Thus, if the legal resolution of the problem seems to be grossly

unjust as a matter of Natural Law, then the Court can still hear the case in Equity. As I
have argued previously, the rational approach to Natural Law follows the Natural Law

Principles of: Reciprocity, Utility, Proportionality, and Equity.

A Court should also not hear a case in Equity where the plaintiff has “unclean

hands” in Equity. Where the plaintiff has engaged in inequitable conduct, him or herself,

then he or she is denied equitable relied.

When a court takes a case in Equity the case can often be decided using the

Natural Law Principles of Reciprocity, Utility, Proportionality, and Equity. Often, if the

case comes down to an Equitable decision, as such, the Court will have to “Balance the

Equities,” that is, the Court must balance to contravailing needs of the parties to the

action.