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Simple English definitions for legal terms
do equity
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A quick definition of do equity:
Do equity means treating the other person fairly to bring about a fair result, without giving up your own legal rights. It comes from the saying "One who seeks equity must do equity." However, if someone has violated a fair principle, such as good faith, they cannot ask for fair treatment. This is called the clean-hands doctrine, and it means that someone with "unclean hands" cannot ask for help from the court. For example, if someone takes a child away from their parent without permission, they cannot ask the court for custody. The clean-hands doctrine comes from the idea that fair treatment is a choice, not a requirement.
A more thorough explanation:
Definition: When someone seeks an equitable remedy, they must treat the other party fairly without giving up their own legal rights to achieve a fair outcome. This is based on the legal maxim "One who seeks equity must do equity."
Example: If someone wants to sue for custody of a child, they must show that they have acted in good faith and have not wrongfully removed the child from another state or person with custody. This is because the clean-hands doctrine states that a party cannot seek equitable relief if they have violated an equitable principle, such as good faith.
Explanation: The example illustrates how the clean-hands doctrine applies to child custody cases. If someone has acted improperly, they cannot seek custody of the child through equitable relief. This is because they have violated an equitable principle and have "unclean hands." The clean-hands doctrine is based on the discretionary nature of equitable relief in English courts of equity, such as Chancery.