equitable right

A right cognizable within a court of equity.

• If a legal right and an equitable right conflict, the legal right ordinarily prevails over and destroys the equitable right even if the legal right arose after the equitable right. With the merger of law and equity in federal and most state courts, the procedural differences between legal and equitable rights have been largely abolished. Cf. legal right. [Cases: Equity 3. C.J.S. Equity §§ 7, 11–16, 36–37.]

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词条贡献者

译者成昱，毕业于世界顶级翻译学院，擅长翻译各种与集体诉讼相关的法律文件。