What is the difference between equitable relief and legal relief?

Equitable relief and legal relief are two types of remedies available in civil law in North Dakota. Equitable relief is a remedy sought in court that is not necessarily based on the law, but instead is focused on fairness. The goal of equitable relief is to restore balance between two parties. Legal relief, on the other hand, is based on a legal claim or right. It outlines the specifics that must be followed in order to prevail in court. Equitable relief can be either mandatory or discretionary. Mandatory equitable relief is provided if there is a clear legal claim or right that has been violated and is required to be issued by the court. Discretionary equitable relief is when the court uses its own discretion to decide whether to provide relief, based on the facts presented. In contrast, legal relief is based on specific legal rights and duties that are set out by common law or statute and is required to be issued by the court. Legal relief is not discretionary and must be issued if the claim is proven in court. In conclusion, the main difference between equitable relief and legal relief is that equitable relief relies on fairness and discretion, while legal relief is based on legal rights and duties.

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