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West Virginia, 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. [1] Strauder was the first instance where the Supreme Court reversed a state court decision denying a defendant 's motion to remove his criminal trial to federal ...
It is an equitable defense. [ 3 ] The doctrines of comparative fault (a doctrine of tort law that compares the fault of each party in a lawsuit for a single injury) and contributory negligence (applicable when plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered) are not the same as in pari delicto ...
Equitable defenses are usually affirmative defenses asking the court to excuse an act because the party bringing the cause of action has acted in some inequitable way. Traditionally equitable defenses were only available at the Court of Equity and not available at common law.
It is an unreasonable delay that can be viewed as prejudicing the opposing party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. It is often understood in comparison to a statute of limitations, a statutory defense, which traditionally is a defense to a claim "at law".
A plea in equity, in the common law, is a statement of facts raised by a defendant which operates as a defense to an equitable claim raised by the plaintiff.Traditionally, the plea is required to state new facts, additional to those set forth in the plaintiff's bill in equity, and these facts must support a dispositive defense to the claim such as the passage of a statute of limitations ...
Multiple states have new laws taking effect on Jan. 1, from abortion restrictions to minimum wage bumps. ... West Virginia's new ban allows treatment with parental consent and approval from two ...
Equitable recoupment is a judicially created defense most commonly applied in legal cases in the federal and state tax systems of the U.S.. [1] [2] This doctrine can allow, under specific circumstances, the government to defeat a refund claim or a taxpayer to avoid an assessment on the basis of a past underpayment or overpayment that is outside the statute of limitations period.
Clean hands, sometimes called the clean hands doctrine, unclean hands doctrine, or dirty hands doctrine, [1] is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".