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MIAMI A
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LSDefine
Simple English definitions for legal terms
equitable right
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A quick definition of equitable right:
An equitable right is a type of right that can be recognized by a court of equity. If there is a conflict between a legal right and an equitable right, the legal right usually wins. However, in most courts today, there is no longer a difference between legal and equitable rights. A right is something that a person is entitled to, like the right to own property or the right to be treated fairly. It is important to know your rights so that you can protect them.A more thorough explanation:
An equitable right is a type of right that can be recognized within a court of equity. If a legal right and an equitable right conflict, the legal right usually 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.
For example, if a person has an equitable right to a piece of property, but then someone else obtains a legal right to that same property through a court judgment, the legal right would take precedence over the equitable right.