Maxims and Principles of Equity

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which of the following is true about specific performance in a foreign country?

Specific performance can only be decreed for lands outside of the jurisdiction of the court
Specific performance can be decreed for lands in a foreign country (correct)
Specific performance can only be decreed for lands within the jurisdiction of the court
Specific performance cannot be decreed for lands in a foreign country

In which situation would a court be unable to grant relief for land outside its jurisdiction?

When the land is located in a foreign country
When it is necessary to deal directly with the land itself
When the court does not have the authority to enforce the relief (correct)
When the parties are unwilling to cooperate

What can a court do if a bill is brought for a partition of land outside its jurisdiction?

The court cannot provide any relief for land outside its jurisdiction
The court can send commissioners to the land
The court can only maintain the bill for rents and profits of the land (correct)
The court can grant the partition without physically accessing the land

According to the text, which of the following classes of people are disabled by law alone?

Married women (C) Signup and view all the answers

According to the text, which court has full jurisdiction to do everything necessary for the welfare of persons under disability?

Chancery Court (B) Signup and view all the answers

According to the text, what does the Chancery Court have the power to do for persons under disability?

All of the above (D) Signup and view all the answers

According to the text, what is the purpose of the court of chancery?

To enforce trusts and fiduciary obligations (C) Signup and view all the answers

What is the principle that runs through the whole system of chancery jurisprudence?

Equity aims at putting the parties exactly in the position they ought to occupy (A) Signup and view all the answers

What is one of the remedies that the court of chancery can provide?

Specific performance of a contract (B) Signup and view all the answers

Under what circumstances may the remedy of the court of chancery be forfeited or lost?

Subsequent contract or estoppel (C) Signup and view all the answers

According to the text, what is the origin of the equitable jurisdiction of the chancery court?

The maxim that equity will not suffer a right to be without a remedy (C) Signup and view all the answers

According to the text, what are the maxims considered to be?

The principles out of which equity jurisprudence has developed (A) Signup and view all the answers

What does the maxim 'equity acts upon the person' mean?

Equity requires the defendant to execute the court's decree (B) Signup and view all the answers

What is the purpose of the chancery court's jurisdiction?

To provide a remedy when the common law courts cannot (A) Signup and view all the answers

According to the text, why did the chancellors refrain from using common law or statutory processes?

To avoid conflicts with the common law courts (B) Signup and view all the answers

According to the text, how were the decrees of the chancery court enforced?

Through the personal act of the party himself (C) Signup and view all the answers

What are some examples of remedies available in the chancery court that did not exist at common law?

Specific performance of contracts, injunctions, and re-execution of lost instruments (C) Signup and view all the answers

According to the text, how are chancery decrees enforced in North Carolina and Tennessee?

By issuing executions on chancery decrees (A) Signup and view all the answers

According to the text, what is the purpose of the chancery court requiring all persons interested in the subject matter of the suit to be made parties to it?

All of the above (D) Signup and view all the answers

According to the text, what is the jurisdiction of the chancery court in relation to the circuit court?

The chancery court's jurisdiction ends where that of the circuit court begins (A) Signup and view all the answers

According to the text, what was the practice of the chancery court before the act of 1877?

To emit a party to the circuit court (B) Signup and view all the answers

According to the text, what is the operation of the maxim 'he who seeks equity must do equity'?

It enables courts of chancery to adjust the equities of the complainant to the equities of the defendant (D) Signup and view all the answers

Which court has the authority to decide the whole controversy and provide complete relief, even if the rights of the parties are strictly legal?

Chancery Court (A) Signup and view all the answers

In which type of cases can chancery courts decide issues and make a final decree, even when the legal remedies are adequate?

Equitable cases (A) Signup and view all the answers

Which of the following is an example of a case where the rule applies to chancery courts?

Property damage (D) Signup and view all the answers

Can chancery courts award compensatory damages instead of the special equitable relief sought?

Yes, if the special equitable relief becomes impracticable (D) Signup and view all the answers

Flashcards are hidden until you start studying

Study Notes

Jurisdiction of Chancery Courts in Tennessee

The Act of 1877 extended the common law jurisdiction of the chancery courts in Tennessee.
Courts of equity have the authority to decide the whole controversy and provide complete relief, even if the rights of the parties are strictly legal.
The duty of courts is to prevent a multiplicity of suits, and chancery courts aim to do complete justice.
Chancery courts can decide cases involving equitable defenses or incidents of trial that render legal judgments inequitable.
The rule applies to all suits seeking the relief of injunction, not just those involving actions or judgments at law.
Chancery courts can decide all issues and make a final decree, even when the legal remedies are adequate.
Examples of cases where the rule applies include waste, private nuisance, and continuous or irreparable trespasses.
If the special equitable relief sought becomes impracticable, chancery courts may award compensatory damages instead.
Chancery courts aim to determine the entire controversy and provide full and final relief.
The jurisdiction of chancery courts cannot be taken away or impaired, and they are recognized as a part of the fundamental law.
Chancery courts do not lose jurisdiction by implication and their jurisdiction must remain fixed unless changed by a new constitution or the legislature.
Unless the legislature clearly intends to restrict or abolish the jurisdiction of chancery courts, their jurisdiction will continue unabridged.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.