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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.
Larry P. v. Riles is a California court case in which the court held that IQ tests could not be used to place African-American students in special education classes.. Five African-American children had been placed in special classes for the "educable mentally retarded", based on low IQ test scores.
The Superior Court of Los Angeles County, Respondent; Katherine Rosen, Real Party in Interest. Citation(s) 4 Cal.5th 607 (2018); 230 Cal. Rptr. 3d 415; 413 P.3d 656: Holding; A university has a special relationship with its students, and thus has a duty to protect them from foreseeable violence in classroom or curricular settings. Court membership
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
In May 2016, lawyers for the school students asked the California Supreme Court to reconsider the Court of Appeal reversal and reinstate the trial court's ruling in their favor. [6] On August 22, 2016 the State's highest court declined to review the case in a 4-3 decision, [ 7 ] [ 8 ] thus permitting the Court of Appeal decision upholding the ...
Schools would not be able to suspend students for nonviolent acts such as ignoring the teacher, talking back or disrupting the class. California lawmakers consider banning 'willful defiance ...
equitable compensation; appointment or removal of fiduciary; interpleader; equitable tracing as a remedy for unjust enrichment; The two main equitable remedies are injunctions and specific performance, and in casual legal parlance references to equitable remedies are often expressed as referring to those two remedies alone. Injunctions may be ...
"In any court of this state, any suitor may prosecute or defend his suit either in his own proper person or by an attorney of the suitor's choice." [1] Wyoming: Const Art 1 § 8 "All courts shall be open and every person for an injury done to person, reputation or property shall have justice administered without sale, denial, or delay." [1] Wyoming