What is the difference between common law and equity?

In Indiana, like other states in the U.S., the law is divided into two main systems: common law and equity. Common law originates from old English law, developed by judges who made legal decisions based on traditional customs and practices. This system of law is also referred to as “judge-made” law, which is not legislation written by legislators and approved by the governor. Common law also relies on previous court decisions to form the basis of current decisions. Equity, on the other hand, is a system that evolved from the English Chancery Courts. These courts were initially an alternative to the common law courts, as they were able to provide relief to those who could not be provided with justice in the common law system. This relief was known as “equity,” which is the main distinction between common law and equity. Equity is based on fairness, rather than strict adherence to legal precedent or rules of law, allowing the court to consider the circumstances of each case and decide on a ruling that best resolves the dispute. Equity has also evolved to include certain legislative statutes that provide relief from the harshness of common law. Overall, common law and equity have distinct differences that are reflected in their respective approaches to legal disputes. Common law is more reliant on legal precedent and rules, whereas equity is based on fairness and taking the individual circumstances of each case into account. Both systems are essential for the administration of justice in modern society.

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What is the difference between common law and equity?

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