Equitable Remedy Applications Equity Remedies Come From

Equitable Remedy Applications

Equity remedies come from common law jurisdictions and are judge made from previous cases. They are applied to other cases that have some of the same circumstances to aid judges in deciding cases. Equity remedies are based on the U.S. Constitution.

For a medical malpractice suit, injunctive relief is appropriate to prevent action, stop ongoing and repeated action that violates a person's rights or causes harm, or to force a defendant to take action in order to prevent harm (What is an injunction?, 2013). Monetary damage can be requested with the injunctive relief. Injunctive relief must be a last resort with proof of other remedies not working. It begins with a petition asking the court to grant injunctive relief. Once the court grants injunctive relief, the court can court order a defendant until a final hearing, known as a temporary injunction. At a hearing, both parties present their evidence, the judge reviews it and makes a decision for the case.

Tyler Harper wore a t-shirt with "Be Ashamed, Our School Embraced what God Has Condemned" on the front and "Homosexuality Is Shameful Romans 1:27" on the back after the school granted permission for a "Day of Silence" by students involved in the Gay-Straight Alliance (Harper v. Poway Unified School District, 2006). This violated Harper's right to free speech for public debate. The judge used the rationale that the action was directly contrary to prohibition of viewpoint discrimination in that both parties had the right to express their views in questions of public debate.

Intent of the offender is the primary consideration in determining mala in se and mala prohibitum (Mala in Se and Mala Prohibitum Distinguished, 2010). Mala in se is wrongful from their nature and includes crimes of murder. Mala prohibitum is wrong merely because it is prohibited by nature. It is violations of mere rules of convenience, such as stealing.

Battery is an act that must cause physical harm or physical illness subsequent to the act, specific intent or general intent, and harmful or offensive conduct where the act sufficiently set in motion a force that results in contact (Farlex). When a citizen helps a police officer contain a suspect for arrest and the suspect gets harmed, it could be deemed as battery, but would be justified because the citizen was aiding an authority in law.

More people are deciding to live together instead of marry due to stronger focus on career, economic reasons, living together is viewed as a safer first step, or not wanting to repeat mistakes of divorced parents (Morello, 2011). Common marriage laws help to reduce this problem, depending on the individual state laws. A couple could be legally deemed as married in as low as six months, making it mandatory for legal divorce proceedings if they separate.