Civil Justice in the State Court
Within the civil justice system there are two types of claims that can be presented and resolved by the court—law claims and equity claims. A law claim is a claim for money damages. Money damages means that the party bringing the suit (the plaintiff) is requesting that a monetary judgment be awarded against the party who is being sued (the defendant). Another type of claim that can be litigated in the civil justice system is an equity claim. In some states an equity claim is referred to as an equitable claim or a chancery claim. Equity claims are claims wherein the party bringing the suit is not necessarily asking for judgment for a monetary amount, but is asking the court to direct the other party to either do something or not to do something.
Example: A law claim might arise from an automobile accident where one party is injured and claims the injury is due to the fault of the other driver. The lawsuit may be filed requesting the court to award a monetary amount against the other party that is accused of being at fault.
An equity claim might arise when one neighbor is seeking to enjoin (or prevent) another neighbor from building an extension of their home onto the first neighbor’s property. To prevent that type of encroachment, a lawsuit would be filed requesting an injunction. If the court granted that request, then an injunction would be issued preventing that activity.
