Legal Question in Business Law in Florida

school project

what is the principle of stare decisis?

What is the difference bet a remedy in equity and other forms of judicial remedies?


Asked on 10/29/02, 5:10 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: school project

stare decisis means that thing is already decided. It is the principle that since there is already a precedence which has been set by another court on the same issue, other courts should follow their decision.

This is a difficult answer but the short answer is that: (1) the difference between equitable courts and courts of law are indistinguishable today. It used to be in England that they were two different court houses. Today, they are all combined into one, and issues at law and issues at equity are presided over by the same judge. (2) There is no right to a jury trial in a court of Equity; (3) There is no right to equity where an adquate action at law exists. But as to the remedies issue, do your homework. There are volumes of books written on this exact issue and it is not a short answer :-). Good luck.

Randall L. Gilbert

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Answered on 10/29/02, 6:03 pm


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