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12 Cards in this Set

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What are the 6 questions I should ask in answering a equities question?
Have I considered the: 1. (M)axims, 2. (I)nherent powers of the court, 3. Equitable (D)efenses, 4. Equitable (R)emedies, 5. (B)alanced the equities, 6. (D)ifferences between equity and law
What are the 10 equitable Maxims?
1. Equity will not suffer a (w)rong without a remedy.
2. Equity (a)cts in personam.
3. Equity (f)ollows the law.
4. Equity is (e)quality.
5. Equity regards (s)ubstance over form.
6. Equity regards as done what (o)ught to be done.
7. Equity disfavors (f)orfeitures.
8. One who (s)eeks equity myst do equity.
9. One who (c)omes in equity must come with clean hands.
10. Equity (a)ids the diligent and the vigilant.
What does Ex Parte Dibble mean?
Courts have the inherent power to do all things reasonably necessary to insure that just results are reached to the fullest extent possible.
What are the 4 Equitable Defenses?
1. (J)udicial Estoppel
2. (U)nclean hands
3. (L)aches
4. (E)quitable Estoppel
What are the 4 elements of Judicial Estoppel?
1. The party must have successfully (m)aintained their earlier position and gotten a benefit from it.
2. There must be two (i)nconsistent positions by the same party or parties have privity with them.
3. (S)ame or related proceedings.
4. (I)ntentional effort to mislead the court.
What are the 3 elements of Unclean Hands/
1. (I)nequitable conduct by P
2. Related to the (s)ubject matter of the litigation.
3. (P)rejudice or injury to D
What are the 3 elements of laches?
1. (D)elay
2. (U)nreasonable
3. (P)rejudice to the D.
What are the 6 elements of Equitable Estoppel?
1. (C)onduct
2. (I)ntention
3. (A)ctual
4. (K)nowledge: Lack of
5. (R)easonable Reliance
6. (P)osition change
What are the 6 Equitable Remedies?
1. (I)njunctions
2. (S)pecific Performance
3. (R)escission
4. (R)eformation
5. (R)esulting Trust
6. (C)onstructive Trust
What 5 elements do you need to have a covenant not to compete upheld?
Must be reasonable in:
1. (T)ime and place
2. (U)ndue harsh covenants, there can be none
3. (P)ublic Policy
4. (I)nterest of employer
5. (C)ovenant supported by valuable consideration.
What are the 5 elements of Specific Performance?
1. (P)laniiff should have performed the bargain.
2. (E)quities should have favored granting specific performance.
3. (N)o legal adequate remedy.
4. (C)ontract at issue should be clear, definte, & certain.
5. (L)egally binding the K should be.
What is the standard of appellate review in equity court?
The judge will have heard the case himself, and the court of appeals can find the facts in accordance with their views by a preponderance of the evidence.