What is the difference between common law and equity?
Common law and equity are two different legal systems that are used to resolve disputes in Florida. Common law is based primarily on prior court decisions, or precedents. This means that decisions made in earlier court cases become the legal standards for later cases, and are used as a guideline for judges in making decisions in similar cases. Common law is created by the judiciary, and has a broad scope that applies to all areas of the law. Equity law, on the other hand, is based on principles of fairness and justice. Equity law is used to supplement common law, and is applied when common law fails to resolve a case. Equity law is derived from two sources: the court’s traditional equity jurisdiction and the doctrines of equity developed by the chancellor. Equity takes precedence over common law when the two conflict. The primary difference between common law and equity is that common law relies on legal precedent, while equity is based on fairness and justice. Common law is largely static, while equity is more flexible and can be adapted to individual cases. Equity also provides remedies that are not available under common law, such as injunctions and specific performance. In Florida, both common law and equity are important sources of law. Common law is the foundation of the state’s legal system, and equity is used to ensure justice and fairness in resolving disputes.
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