Who Can Assert Equity

Who Can Assert Equity A Tract Book Essay By Anthony J. Fejfar, B.A., J.D., Esq., Coif © Copyright 2007 by Anthony J. Fejfar I have argued previously that a society that puts Equity over Law is a Communist society. However, I would also like to argue that such a Communist society would not at all resemble the Soviet Union or Communist China. Whether Law is placed before Equity, a liberal society, or whether Equity is placed before Law, a communist society, the basic rule must be that only a human person is entitled to Equity and equitable intervention by the Courts. The State with one exception is not entitled to Equity. A publicly held corporation, with one exception is not entitled to Equity. The reason is that Equity favors the person in need, and the idea is that major corporations and government are not in need, instead they are major power players in any society. The great defect in Communist China and the Soviet Union was that the needs of the State were placed above the needs of the individual person. In fact, in a true communist society, Equity never recognizes any needs on the part of the State, instead, this can only be done at Law. As a matter of public policy, the only exception that I would make to the general prohibition against the use of Equity by the State or a big corporation is that both the State and the Corporation should be entitled to specific performance of a contract in Equity where such a right is recognized for an individual person.

Finally, since the State is not entitled to Equity, it is clear that the Inquisition, which could only be used in Equity in America, is totally outlawed. The State or the judiciary cannot be allowed to use Equity against an individual person