Equitable Jurisdiction Lawsuits

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Questions and Answers

Which court has jurisdiction over matters that are both equitable and legal in nature, exclusively or mainly derived from statutes?

High court of chancery

Supreme court

District court

Chancery court (correct)

Which jurisdiction of the chancery court is considered to be derived from the equity jurisprudence of England and is called the inherent jurisdiction?

Inherent jurisdiction (correct)

Statutory jurisdiction

Original jurisdiction

Equitable jurisdiction

What is the jurisdiction of the chancery court called when it is derived from statutes?

Statutory jurisdiction (correct)

Equitable jurisdiction

Original jurisdiction

Inherent jurisdiction

What is the presumed jurisdiction of the chancery court for matters of equitable cognizance where the debt or demand exceeds $50?

Original jurisdiction (B) Signup and view all the answers

Which power allows the court to bring defendants before the court by publication?

Power to divest and vest title to property by decree (B) Signup and view all the answers

Which jurisdiction allows the court to proceed against non-resident and absconding defendants by publication?

Jurisdiction to proceed against the real and personal property of non-resident defendants (C) Signup and view all the answers

Which jurisdiction allows the court to keep corporations in the line of their duties and to decree a forfeiture of their charters?

Jurisdiction to prevent the usurpation of office and to declare an office forfeited (D) Signup and view all the answers

Which court has jurisdiction over suits for the partition or sale of estates by heirs or tenants in common?

Chancery court (D) Signup and view all the answers

Which court has jurisdiction over suits for the sale of a decedent's land at the instance of his personal representatives or creditors if the personal property is insufficient to satisfy the debts of the estate?

Chancery court (D) Signup and view all the answers

Which court has jurisdiction over suits for the allotment of tawa?

Chancery court (B) Signup and view all the answers

Which court has jurisdiction over suits to enforce the payment of legacies and distributive shares?

Chancery court (B) Signup and view all the answers

According to the text, the powers and jurisdiction of the chancery courts of Tennessee are ________.

identical in kind and extent to the equity powers and jurisdiction of the high court of chancery in England (C) Signup and view all the answers

What is the meaning of jurisdiction in the context of the text?

The authority possessed by a court to determine a controversy (B) Signup and view all the answers

Which of the following is NOT a statutory change in the powers and jurisdiction of the chancery courts?

Power to regulate the practice of the courts of chancery (C) Signup and view all the answers

Before the passage of the act of 1801, the chancery courts of Tennessee were primarily governed by ________.

The practice of the high court of chancery in England (B) Signup and view all the answers

Which court has inherent jurisdiction over cases of an equitable nature where the debt or demand exceeds fifty dollars?

Chancery Court (D) Signup and view all the answers

What can the chancery court do if a lawful and equitable contract is the subject matter of the suit?

Award compensation for breach (D) Signup and view all the answers

In which type of suits can the chancery court require a party to do or refrain from doing what good reason and good conscience require?

Suits for the specific performance of contracts (A) Signup and view all the answers

In which type of suits can the chancery court do for parties under disability what they would have done if under no disability?

Suits resulting from trusts (A) Signup and view all the answers

Which type of suits does the chancery court have exclusive original jurisdiction over?

Suits for the construction and enforcement of wills and trusts (C) Signup and view all the answers

What is the minimum debt or demand value required for the chancery court to have jurisdiction?

$50 (C) Signup and view all the answers

Which type of suit does the chancery court have jurisdiction over when the amount of the demand is less than $50?

Suits to enforce the statutory rights of a purchaser of realty at a tax sale (A) Signup and view all the answers

Which type of suits does the chancery court have concurrent jurisdiction with the county courts?

Suits for equitable attachments and receivers (C) Signup and view all the answers

According to the text, what was the purpose of the act of 1877 in Tennessee?

To settle the ancient controversy between the chancery and the common law courts (D) Signup and view all the answers

According to the text, what effect did the English Judicature Act of 1873 have on the rules of equity and common law in England?

The rules of equity were made supreme in all litigation in all the courts of England (D) Signup and view all the answers

According to the text, what was the impact of the act of 1877 on the jurisdiction of the chancery court in Tennessee?

It enlarged the jurisdiction of the chancery court as a court of equity (B) Signup and view all the answers

According to the text, how did the act of 1877 affect the pleadings, practice, and principles in suits brought under it?

The pleadings, practice, and principles of equity jurisprudence would control (A) Signup and view all the answers

According to the text, what were the powers and authorities of the Chancery Court of North Carolina at the time of the American Revolution?

The powers and authorities of the Chancery Court of North Carolina at the time of the American Revolution are not known. (D) Signup and view all the answers

According to the text, what did the act of 1782 do?

The act of 1782 vested the Chancery Court of North Carolina with all the powers and authorities held by the Court of Chancery under the colonial government. (B) Signup and view all the answers

According to the text, what did the Supreme Court of North Carolina hold in the case of Griffin v Graham?

The equity system of England was a part of the common law of North Carolina. (A) Signup and view all the answers

According to the text, what did Chancellor Kent hold in the case of Manning v Manning?

The English system of equity jurisprudence formed an important and very essential branch of the common law at the commencement of the American Revolution. (A) Signup and view all the answers

Study Notes

Jurisdiction and Powers of the Chancery Courts in Tennessee

The Chancery Courts in Tennessee have jurisdiction and powers similar to the Court of Chancery in England.
The jurisdiction of the Chancery Courts in Tennessee was established by the Act of 1782, which continued to be in force through various legislative acts and constitutions.
The Chancery Court of North Carolina, upon which the Tennessee courts were modeled, exercised powers and authorities that were incident to a court of chancery.
The equity system of England was considered part of the common law of North Carolina and Tennessee at the time of the American Revolution.
The Chancery Courts in Tennessee have jurisdiction in all cases where the law chancellor in England could have provided relief.
The practice of the Chancery Courts in Tennessee is based on that of the English Chancery Court.
The powers and jurisdiction of the Chancery Courts in Tennessee are commensurate with those of the High Court of Chancery in England at the time of the American Revolution.
The powers and jurisdiction of the Chancery Courts in Tennessee have been enlarged through statutory changes.
The Chancery Courts in Tennessee have the power to order a bill to be taken for confessed, issue executions, divest and vest title to property, issue attachments, appoint commissioners and administrators, and more.
The jurisdiction of the Chancery Courts in Tennessee includes impaling a jury, proceeding against non-resident and absconding defendants, decreeing divorce and alimony, and dealing with the estates of non-residents.
The Act of 1877 clarified and expanded the jurisdiction of the Chancery Courts in Tennessee, settling the controversy between chancery and common law courts.
The Act of 1877 aligned the Chancery Courts in Tennessee with the principles and methods of equity, similar to the English Judicature Act of 1873.

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Description

Quiz: Types of Lawsuits in Equitable Jurisdiction Test your knowledge of the different types of lawsuits that fall under equitable jurisdiction. From suits for the construction and enforcement of wills and trusts to suits for equitable attachments and receivers, this quiz covers a range of legal actions. Challenge yourself with questions about obtaining set-offs against non-resident or insolvent judgments, compelling claimants to interplead, and more. Enhance your understanding of the complexities of equitable law with this informative quiz.