We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What does the Legal Term "Equitable" Mean?

By G. Wiesen
Updated: May 17, 2024
Views: 11,714
Share

“Equitable,” in legal usage, refers to something that is deemed to be equal and fair in relation to two or more parties involved in a particular instance. This term is usually used to refer to the outcome, or desired outcome, of a case, and indicates that not only equality but also fairness was utilized. Someone with a great deal of money paying the same amount for a fine as someone with very little money may be equal, but it is not necessarily fair. Equitable, therefore, refers to legal practices in which fairness is imparted to equality to create an outcome that is considered balanced.

A decision is said to be equitable when it is considered both fair and equal for those involved. In divorce proceedings, for example, equitable division of possessions and resources is often utilized rather than an equal division. An equal division of resources would mean that half of all resources would be given to each of the people in the marriage, with no further consideration for each party, which may not necessarily be fair. When an equitable division is utilized instead, the potential earnings and future income of each party are also considered, which often results in alimony or other compensation being paid by one party to the other.

The term “equitable” is also used in association with the legal concept of “equity” as it differs from law. A court of equity is a court that is separate from a court of law and follows a tradition with roots in the English common law system. This type of court can function in a manner similar to a court of law, but usually has somewhat different powers and may grant an injunction rather than compensation. The ruling from such a court may be considered equitable since it is typically intended to redress grievances in a more direct manner.

When a court of law hears a case in which one person has accused another of stealing his or her property, then the ruling is typically a reward of financial compensation if the accuser wins the case. While this may be satisfactory in some cases, the compensation may not ultimately be desired, and the accuser may instead wish to have his or her property returned. A court of equity can order an injunction that would require the return of the stolen property, rather than merely a financial redress. This injunction may be considered more equitable since the original property is returned, rather than merely a financial amount deemed appropriate for the property.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Editors' Picks

Discussion Comments
Share
https://www.wisegeek.net/what-does-the-legal-term-equitable-mean.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.