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Show 6E The Sail Lake Tribtuu'. Friday, August 20, 1982 Moon Mullins T By Ferd and Tom Johnson Ask Andy Equity Helps Ensure Justice Andy sends the Star Wars Question and Answer Book About Space to Glenn Jack-sos 14, Morristown, Pa., question: tor-hi- What exactly is equity? Equity, in law, is a set of rules that was originally developed to overcome inflexibility in court decisions. Equity is based on broad principles or reason and justice. It allows the law to adjust to special circumstances of cases. The term equity comes from the Latin word aequus, which means fair or just. Equity developed as a part of English law, as did many other legal concepts used in the United States and Canada. In the early days of English law, the laws were often applied so strictly that they created injutice. Peope asked the king to step in and promote fairness, or equity, in many cases. Tjie king and his chancellor judged these cases by principles of justice, rather than strictly by the laws. The chancellor appointed judges to enforce his equity powers. He also were created courts these judges presided. These courts were called courts of equity or courts of chancery in contrast to regular courts of law. Injunction Courts of law only judged acts after dam- age was done. Courts of equity had the additional power to order a wrongdoer to stop a harmful act of to perform an act necessary to avoid harm. An order prohibiting an act is called an injuction. Courts of equity were originally separate from courts of law. Courts of law used juries but courts of equity did not. Today, the two systems have been merged in most states of the United States where the two systems existed. Both bodies of law are administered by one court and the combined rules are simply called law. For example, law courts use their powers of equity when issuing injunctions to stop unlawful conduct. Court of Chancery In the United States, some states till have ' separate courts of equity. Some states call a court of equity a court of chancery. Heres an example of equity in the courts. A person may borrow money giving a mortgage on property as security. He promises to repay the loan by a certain date. He also agrees that if the loan is not repaid by that day, he will forfeit the property he has mortgaged. He could be held to this agreement by the strict letter of the law. But a court of equity might find that the man had to give up property of much gre- ater value than the money he owed. Highest Court Using the rules of equity, the court could order that the mortgaged property be sold. The debt could be paid from the proceeds and the rest of the amount realized returned to the man. This is a fairer solution thaan a strict application of the law would bring. High Court of in Chac-ner- y Great Britain included the Court of the High Lord' Chancellor, separate courts of the three the court of the master of the rolls and a court of appeal in chancery. Special Purchase .22 Cal. 55 Grain ( Spitzer $489 Per Hundred Fresh name brand packed 100 to a box. limited to 5 boxes per customer while supply lasts. Gcllcnconc State Ph. 220 S. 328-201- 6 |