what is legal and equitable relief

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Andrew Daniel Myers

Andrew Daniel Myers

Contributor Level 7
Hard to answer a purely hypothetical question in a vacuum without facts, but I'll try by just giving the basic definitions.

Legal relief provides money damages only. A sues B and the court's sole remedy is to award, or not to award if appropriate, money damages to A. A wins the case and gets $. A loses the case and gets 0.

Equitable relief asks the court to order someone to either do something or to stop doing something. A sues B seeking an order, for example, that B stop operating noisey equipment that is ruining the peace. Or, A sues B to tear down a tree that is encroaching on A's property. Courts of equity issue injunctions and orders to do or to not do things.

Now if your question is about family law or marriage, these are courts of equity. The basic underlying concern of these courts is to determine what is in the best interest of the kids, and then orders follow that determination. When it comes to splitting up the money, equitable concerns are used to determine what orders will follow, whether they are orders to pay property division settlements or otherwise. So, just because the orders in fact move money around, equitable concerns are fundamental and the court's jurisdiction is equitable.

An answer beyond that is merely academic in a vacuum.

This answer is provided for informational purposes only. True legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction and with experience in the area of law in which your concern lies.
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