20 Maxims of Equity Quiz
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Questions and Answers

Equity will not suffer a wrong to be without a ______

remedy

Equity regards as done what ought to be ______

done

Equity is a sort of ______

equality

Equity aids the vigilant, and not those who ______ on their rights

<p>slumber</p> Signup and view all the answers

Equity will not assist a ______

<p>volunteer</p> Signup and view all the answers

Equity will not complete an imperfect ______

<p>gift</p> Signup and view all the answers

Where equities are equal, the ______ will prevail

<p>law</p> Signup and view all the answers

Equity will not allow a ______ to be used as a cloak for fraud

<p>statute</p> Signup and view all the answers

Equity is higher than ______

<p>common law</p> Signup and view all the answers

Equity acts in personam, not in ______

<p>rem</p> Signup and view all the answers

Equity abhors a ______

<p>forfeiture</p> Signup and view all the answers

Equity does not require an idle ______

<p>gesture</p> Signup and view all the answers

He who comes into equity must come with clean ______

<p>hands</p> Signup and view all the answers

Equity imputes an intent to fulfill an ______

<p>obligation</p> Signup and view all the answers

Equity follows the ______

<p>law</p> Signup and view all the answers

Equity will take jurisdiction to avoid a ______ of suits

<p>multiplicity</p> Signup and view all the answers

Equity delights to do justice, and not by ______

<p>halves</p> Signup and view all the answers

Equity will not allow a trust to fail for want of a ______

<p>trustee</p> Signup and view all the answers

Equity will not allow a statute to be used as a cloak for ______

<p>fraud</p> Signup and view all the answers

Equity will not complete an imperfect ______

<p>gift</p> Signup and view all the answers

Equity regards the ______ as the true owner

<p>beneficiary</p> Signup and view all the answers

Equity will not permit a wrong without a ______

<p>remedy</p> Signup and view all the answers

Equity acts on the duties of ______, not objects

<p>people</p> Signup and view all the answers

Equity will not make [a trust] where none has been clearly declared. A defective or imperfect gift will not be converted into a ______.

<p>trust</p> Signup and view all the answers

Which of the following is true about equity claims in the US courts?

<p>Equity claims and law claims are treated as separate types of suits. (A)</p> Signup and view all the answers

What is the significance of the 20 Maxims of Equity in US courts?

<p>They are persuasive precedent for courts presiding over equitable claims. (C)</p> Signup and view all the answers

What is the first maxim of equity?

<p>One who seeks equity must do equity. (C)</p> Signup and view all the answers

Which court is bound by statute law as much as a court of law?

<p>Court of equity (B)</p> Signup and view all the answers

In what circumstances will equity not assist a claim of unjust enrichment?

<p>Benefit conferred by a volunteer (A)</p> Signup and view all the answers

Under what condition will equity not create a quasi-contract to a promisee in restitution claims?

<p>No consideration provided (C)</p> Signup and view all the answers

When do equities need to be equal for the law to prevail?

<p>When the taxpayer's equity is no greater than that of the United States (D)</p> Signup and view all the answers

Which of the following statements best describes the concept of equity?

<p>Equity is a flexible and adaptable power of the court to provide fair remedies. (D)</p> Signup and view all the answers

Which of the following is a key principle of equity?

<p>Equity regards as done what ought to be done, even if it requires a fictional assumption. (D)</p> Signup and view all the answers

What is the meaning of the phrase 'equity abhors a forfeiture'?

<p>Equity disfavors the concept of forfeiture and seeks to prevent it. (B)</p> Signup and view all the answers

What is the basis for the equitable defense of laches?

<p>Equity aids the vigilant, and not those who slumber on their rights. (B)</p> Signup and view all the answers

Flashcards

Equity will not suffer a wrong to be without a remedy

A legal principle that says a court of equity will not allow a wrong to go unredressed if there is a remedy available.

Equity regards as done what ought to be done

A principle of equity that states that courts can treat something as having already happened if it should have happened.

Equity is a sort of equality

A core idea in equity, suggesting a concept of fairness and equality

Equity aids the vigilant, and not those who slumber on their rights

Equity requires action and diligence. Parties who neglect to protect their rights can lose them.

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Equity will not assist a volunteer

Equity will not help someone who voluntarily enters into a situation that leads to harm.

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Equity will not complete an imperfect gift

Equity won't turn an incomplete gift into a complete gift. Requires clear intent and completion.

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Where equities are equal, the law will prevail

In situations where the legal rights are equal, the law will decide the outcome.

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Equity will not allow a statute to be used as a cloak for fraud

Equity will not let someone hide wrongdoing behind a law.

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Equity is higher than common law

Equity is a higher authority than common law, addressing fairness when law is inadequate.

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Equity acts in personam, not in rem

Equity operates against individuals, not property. It focuses on the person's actions.

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Equity abhors a forfeiture

Equity tries to prevent losses and harsh outcomes, rather than enforcing strict legal rules.

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Equity does not require an idle gesture

Equity doesn't require useless actions for upholding rights.

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He who comes into equity must come with clean hands

Parties seeking equitable relief must be acting in good faith, without wrongdoing.

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Equity imputes an intent to fulfill an obligation

Equity assumes a person will act to meet their legal obligations even if they haven't acted yet.

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Equity follows the law

Equity acts in accordance with legal principles and doesn't contradict them.

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Equity will take jurisdiction to avoid a multiplicity of suits

Equity will intervene to prevent a situation where multiple lawsuits are needed. It promotes efficiency.

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Equity delights to do justice, and not by halves

Equity aims for full justice, not just partial solutions.

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Equity will not allow a trust to fail for want of a trustee

Equity will ensure a trust functions even if there's no designated trustee.

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Equity will not allow a statute to be used as a cloak for fraud

Equity won't allow a statute to be misused for fraudulent purposes.

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Equity will not make [a trust] where none has been clearly declared. A defective or imperfect gift will not be converted into a trust

Equity won't create a trust out of a faulty gift. Requires clear intent to create a trust.

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Equity regards the beneficiary as the true owner

Equity recognizes and protects the ultimate owner of a trust, the beneficiary.

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Equity will not permit a wrong without a remedy

Equity ensures there's a remedy for every legal wrong.

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Equity acts on the duties of people, not objects

Equity focuses on the actions and duties of people, not just on material objects.

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Equity claims and law claims are treated as separate types of suits in US courts

US courts recognize equity claims as distinct from law claims, requiring separate proceedings.

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What is the significance of the 20 Maxims of Equity in US courts?

The 20 Maxims of Equity provide guidance to courts in handling equitable claims. Though not binding laws, they are influential.

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What is the first maxim of equity?

The first maxim of equity emphasizes the principle of fairness in seeking equitable relief.

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Which court is bound by statute law as much as a court of law?

Courts of Equity are bound by statutes just as law courts are.

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In what circumstances will equity not assist a claim of unjust enrichment?

Equity won't intervene when the benefit was provided voluntarily. It focuses on unjust enrichment, not good deeds.

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Under what condition will equity not create a quasi-contract to a promisee in restitution claims?

Equity won't create a quasi-contract when no consideration is provided, as it's based on fairness, not promises alone.

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When do equities need to be equal for the law to prevail?

Equities must be balanced for law to prevail. This applies when one party's interests equal those of the other.

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Which of the following statements best describes the concept of equity?

Equity is a flexible tool that allows courts to provide fair solutions when legal rules are insufficient.

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Which of the following is a key principle of equity?

A core principle of equity emphasizes treating something as done if it should have been done. This creates a sense of fairness.

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What is the meaning of the phrase 'equity abhors a forfeiture'?

Equity disfavors situations where people lose things they rightfully deserve. It aims to avoid harsh outcomes.

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What is the basis for the equitable defense of laches?

The equitable defense of laches allows courts to dismiss cases delayed due to the claimant's negligence. It promotes timeliness.

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Study Notes

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Description

Test your knowledge of equity with this quiz on the 20 maxims of equity. Learn about the principles of fairness and how they relate to the judicial system.

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