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A Collection Of Legal Maxims In Law And Equity,...


Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness. They were developed by the English Court of Chancery and other courts that administer equity jurisdiction, including the law of trusts. Although the most fundamental and time honored of the maxims, listed on this page, are often referred to on their own as the 'maxims of equity' or 'the equitable maxims',The first equitable maxim is 'equity delights in equality' or equity is equality[1][2] Like other kinds of legal maxims or principles, they were originally, and sometimes still are, expressed in Latin.




A Collection of Legal Maxims in Law and Equity,...



When a court of equity is presented with a good claim to equitable relief, and it is clear that the plaintiff also sustained monetary damages, the court of equity has jurisdiction to render legal relief, e.g., monetary damages. Hence equity does not stop at granting equitable relief, but goes on to render a full and complete collection of remedies.


An often ignored (or more likely forgotten, for lawyers the further we travel in time away from our law school years) but yet still powerful organizing and behavior decipherment concept can be found in what are called "legal maxims." I thought it would be fun, therefore, to (re?)introduce some maxims to you that might actually have relevance to family law litigation you are involved with, because under appropriate circumstances they may help you persuade your family law judge in intuitive and rational ways that a proposition or outcome you are arguing for has merit. And, it is always a nice thing to show some depth in your legal writing!


Within trust law, equity is an important doctrine. Equity was designed to supplement the common law and often intervenes to prevent unjust results happening. Before delving into the complexities of trust law, it is important to know the different equitable maxims which could be applied. Equitable maxims are often cited by both commentators and judges. They are useful for simplifying complex legal rules into one simple sentence. This article will explore the fourteen different equitable maxims which are in use today.


These are the general legal principles that have been adopted threw following precedent in regard to equity. These maxims are the body of law that has developed in relation to equity and these help to govern the way equity operates. All maxims are discretionary in nature and courts may choose whether they wish to apply these principles.


Bad debts (debts which have been determined to be uncollectable), including losses (whether actual or estimated) arising from uncollectable accounts and other claims, are unallowable. Related collection costs, and related legal costs, arising from such debts after they have been determined to be uncollectable are also unallowable. See also 200.428.


Bouvier, John. A Law Dictionary, adapted to the Constitution and laws of the United States of America, and of the several states of the American union: with references to the civil and other systems of foreign law. 2 vols. Philadelphia: J. B. Lippincott, 1878.Branch, Thomas. Principa legis et Æqitatis: being an alphabetical collection of maxims, principles or rules, definitions, and memorable sayings, in law and equity. London: Printed for J. and W. T. Clarke, 1822.Brown, Archibald. A new law Dictionary and Institute of the Whole Law for the Use of Students, the Legal Profession, and the Public. London: Stevens & Haynes, 1874.Burn, Richard. A New Law Dictionary, intended for general use as well as for gentlemen of the profession. 2 vols. London: Printed by A. Strahan and W. Woodfall for T. Cadell, 1792.Calvinus, Johannes. Lexicon juridicum, juris caesarei simul, et canonici. Geneva: Philippus Albertus, 1622.Hemings, William. Alphabetical List of Law Maxims with Translations and Explanations. London: T. F. A. Day, 1860.Houard, David. Dictionnaire analytique, historique, etymologique, critique et interpretive de la coutume de normandie. 4 vols. Rouen: Le Boucher, 1780-1782.Jacob, Giles. The Law Dictionary, Greatly Enlarged by T. E. Tomlins. 2nd ed. 2 vols. London: A. Strahan, for J. Johnson [et al], 1809.Jacob, Giles. The Law Dictionary, Now Greatly Enlarged and Improved by Many Material Corrections and Additions.... by T. E. Tomlins. London: C. and R. Baldwin [?], 1810.Jacob, Giles. A New Law Dictionary. 8th ed. [London]: Printed by T. Osborn, 1762.Jacob, Giles. A New Law Dictionary. 4th ed. [London] In the Savoy : Printed by E. and R. Nutt, and R. Gosling, 1739.Kelham, Robert. A Dictionary of the Norman or Old French Language. London ]: Printed for W. Clarke, and Sons, [1800?].Leigh, Edward. A Philologicall Commentary, or, an Illustration of the Most Obvious and Useful Words in the Law. [London?]: Charles Adams, 1652.


Rabb is a graduate of Georgetown University and holds a law degree from Yale Law School; she has also studied in Syria, Iran, and elsewhere. In 2006-2007, she served as a judicial law clerk to the Honorable Thomas L. Ambro of the United States Court of Appeals for the Third Circuit. As a Whiting Fellow at Princeton, Rabb is completing her doctoral dissertation on legal maxims in comparative American and Islamic law. She has held fellowships from the University Center for Human Values, the Center for the Study of Religion, and was selected as a 2009 Hoffman Scholar; she is also a graduate associate of the Program in Law and Public Affairs. Next year, she will join the faculty of the Boston College Law School, where she will teach legislation, criminal law, and Islamic and comparative law.


The view of the appeal court cannot be supported by the decision of the Bundesgerichtshof of the 17th March 1966 (reference omitted) cited in the appeal judgment on this issue. That judgment takes into account the fact that in the area of 852 of the BGB also the legal maxim that absence of knowledge of the law always and in all circumstances causes prejudice does not apply without exception. In particular it does not apply when the absence of knowledge of legal maxims and principles forms the hindrance to knowing the identity of the person obliged to compensate. It would admittedly work to the disadvantage of the person suffering harm if the identity of the person obliged to compensate was actually known and nothing was lacking for the making of the claim to compensation other than the knowledge of the legal norm which permitted proceeding against the tortfeasor. From these principles, it follows for the present case:


Black's Law Dictionary, 11th edition contains over 55,000 legal terms, including their earliest usage, pronunciation guidance, Latin maxims (with index), a bibliography of more than 1,000 sources,.. more 041b061a72


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