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Equity: definition of the day

In law, the term equity refers to a particular set of remedies and associated procedures. These equitable doctrines and procedures are distinguished from “legal” ones. Equitable relief is generally available only when a legal remedy is insufficient or inadequate in some way. This could be when a claim involves a particular piece of real estate, or if specific performance is the relief requested by the plaintiff.

The distinction arose in England where there were separate courts of law and of equity. Following this pattern in America some states created “chancery courts” dealing with equitable relief only. In other states, the courts of common law were empowered to exercise equity jurisdiction. Separate courts of chancery have largely been abolished and the same court that may fashion a legal remedy has the power to prescribe an equitable one.

Thursdays: we imagine the ignorance of others

Most of us have heard the phrase “ignorance of the law is no excuse” (any moderately adventurous junior-high-schooler has probably heard it more than once). It was first recognized in the seventeenth century (it is often attributed to Coke), but probably had its origins a lot earlier than that. Many — including us — have interpreted it as a mandate for legal publishing. After all, if we’re going to be expected to know this stuff, there should be a place where we can read it, right?

Today’s question is a little different take on this old bromide. Surely this saying conjures up a picture in your mind. Who is that ignorant person? What part of the law don’t they know? What can be done about it?

Answers in the comments, please….

How come the flag has only 48 stars, Daddy?

About once a week, we get a note from somebody who’s been reading 4 USC 1:

The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field.

Usually it’s accompanied by a snide remark about our up-to-date materials, or an expression of concern for our mental health. Our eccentricity takes a different form — we try to figure out how and why these things happen. Turns out that the remaining two stars were added by executive order (you can see this in the Notes to 4 USC 1). The algorithm (“one star per state”) is given in 4 USC 2.

There are lessons in this for the novice researcher who’s reading statutes:

  1. Always, always read the notes.
  2. It’s a good idea to look at the sections of the US Code or CFR that are adjacent to the one you (or the search engine) thought you wanted. Taking a look at the “embracing” table of contents — the one that includes the particular section you’re looking at — is usually a good idea, too. Often they have important and helpful information — or they show you what you were really looking for.

Oh, and the way legal information is organized makes no sense, anyway.

(nudge) Funny names for legislation (nudge)(nudge)

So, the fact that we turn to the US Code’s Table of Popular Names for entertainment is probably just a sign that nobody at the LII has a social life, to speak of. But let’s face it — sometimes the US Code is good for a few laughs about something other than its content. This is never more true than when posturing politicians try to market legislation by giving it catchy names, like for example the Lead-Zinc Small Producers Stabilization Act of October 3, 1961.

OK, so we were just kidding about that one, and if you followed the link you now know that it is listed as “omitted”, which is what the Law Revision Counsel’s Office says when they forget that they left something in the glove compartment with all the parking tickets. But seriously, folks, there are some funny ones.

Take, for example, the “Oh, Grab Me” Act. It was part of a series of legislative events surrounding the Embargo Act of 1807, an essentially punitive act leveled at the British — and very disruptive at a time when the economies of the post-colonial US and the UK were still deeply interlinked. “Oh-grab-me”, you will note, is “embargo” spelled backwards, and is thus the first example of palindromic wit in American legislative history. Its effects were undone by the Non-Intercourse Act of 1809, which seems fitting, somehow.

Our favorite quotes: Carrie Chapman Catt

There are two kinds of restrictions upon human liberty — the restraint of law and that of custom. No written law has ever been more binding than unwritten custom supported by public opinion.
Carrie Chapman Catt, in a speech at Senate hearing on Woman’s suffrage

Thursdays: Tell us a story

Every Thursday, we ask you questions. Sometimes we need help with a reference question. Sometimes we need better heads than ours to interpret odd facts that pile up, like dustbunnies, in the corners of the LII. Sometimes we need an alibi. Or bail.

Today, though, it’s an easy one — we want to get to know you better. We really don’t know much about the people who use our site, and we don’t know much about who is reading or subscribing to this blog. So…. we hope you’ll use the comments to tell us your story. Why are you here? How often do you come to the LII site? What’s your favorite collection? Do you have professional or personal reasons to visit us? What are they?

We didn’t hear from many of you last week. We know you’re out there. We can hear you breathing. Tell us a story.

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