By Roger LeRoy(Roger LeRoy Miller) Miller, Gaylord A. Jentz
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The merging of law and equity, however, does not diminish the importance of distinguishing legal remedies from equitable remedies. To request the proper remedy, a businessperson (or her or his attorney) must know what remedies are available for the specific kinds of harms suffered. Today, as a rule, courts will grant an equitable remedy only when the remedy at law (money damages) is inadequate. Exhibit 1–2 summarizes the procedural differences (applicable in most states) between an action at law and an action in equity.
Dabrowski Hudson County Community College, New Jersey Karen A. Holmes Hudson Valley Community College, New York Susan Mitchell Des Moines Area Community College, Iowa Susan Morley University of Colorado, Boulder Brad Reid Abilene Christian University, Texas Donald A. Roark University of West Florida We know that we are not perfect. If you or your students find something you don’t like or want us to change, write to us or let us know via e-mail, using the “Talk to Us” feature on this text’s Web site.
Now that opinions are available with the click of a mouse, however, this justification is no longer valid. A more significant argument against allowing unpublished decisions to be precedent has to do with who authors these opinions. Staff attorneys and law clerks frequently write unpublished opinions so that judges can spend more time shaping and editing the opinions intended for publication. Consequently, allowing unpublished decisions to establish precedent could result in bad precedents because the reasoning in these unpublished decisions may not be up to par.