What is the difference between common law and equity?

Common law and equity are two different systems of law that are used in Texas. Common law is a system of law that is based on the traditions of the legal system over time and is often used to settle disputes in civil cases. It typically relies on precedent, meaning that similar cases are decided in similar ways. Equity, on the other hand, is a system of law based on equity, or fairness. It allows for more flexibility in decision-making and is often used to settle disputes in cases where common law does not provide enough guidance. One major difference between common law and equity is the way they are enforced. Common law is based on established rules and precedents, so decisions are based on existing law. Equity, on the other hand, is based on fairness and the specific facts of the case, so decisions may vary depending on the situation. Equity also allows for flexibility, so judges can consider a variety of factors to reach a fair resolution. Another difference between common law and equity is the way the burden of proof is handled. In common law, the burden of proof lies with the plaintiff, who must provide evidence to support their case. In equity, the burden of proof is shared between the plaintiff and the defendant. This means that both parties must provide evidence to make their case in order to reach a resolution. Overall, common law and equity are two different systems of law that are used in Texas. Common law is based on established precedents and rules, while equity is based on fairness and can be used to reach a more flexible resolution in certain types of cases.

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What is the difference between common law and equity?

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