Quick and Dirty on equity and injunction for Bar

Flavors:
Injunction, specific performance, reformation, rescission, declaratory judgment, foreclosure, partition, appointment of receiver, account, contribution, subrogation, marshalling, ne exeat, discovery, perpetration of testimony, creditor’s bills, interpleader, bills of peace, bills quia timet, equitable mortgage, equitable lien, equitable assignment (constructive trust)

Maxims of equity
Ubijus jus, ibi remedium (“Where there is a right there is a remedy")
Judex antiquitatem semper spectare debit (“A judge should always consider equity”)
As oppossed to Damages, which are substitutional, equitable remedies are Justice ex aequo et bono ("according to equity and good conscience")
Not sure of the latin here. I bet E Hewett would know. "Equity regards as done that which ought to be done" = the rationale for equitable adoption, quasi contract [also quantum meriut]

Injunctions are not in rem because aequitas agit in personam (“Equity acts in personam”)

Don't get to carried away with some of these maxims.

More about injunctions:

Injunction = an in personam order by the court to the defendant to do or refrain from doing

Weight factors:
(1) likely to succeed on the merits ***Threshold Q***
(2) irreparable harm;
(3) balance of harms: they are hurt worse than the good the ordinance would do;
(4) no substantial harm to public;
(5) no $ damages will be adequate (no adequate at-law remedy)

TRO -> 10 days, ex parte,


Absention Doctrine: Federal Judge will not interfere with state litigation when state provides an adequate remedy at law. Additionally, Federal courts will allow state court to decide logically prior interpretation of state law before examining that interpretation for its constitutionality.

Other remedies

Replevin:Ejectment::Chattle:Realty

Rescision is an equitable remedy to silence allegations of contract when, all there really was there involved a mutual mistake with the superficial appearance of a contract. See, e.g. Peerless