Latin for Lawyers

EQUITABLE [L. aequare ] Applying the principles of justness, fairness and right. Rights enforceable in the courts of equity. Examples: an equitable action; an equitable defense; an equable distribution; equitable estoppel; equitable lien; equitable relief. See EQUITY EQUITABLE SUBORDINATION See SUBORDINATION EQUITAS SEQUITUR LEGEM [L. aequare / to make equal or fair + sequor, sequi / to follow + lex / law] Equity follows the law. The general sense that equity, or justice tempered with fairness, should be applied to mitigate the harsh effects often resulting from applying the letter of the law. EQUITY [L. aeqare / to make equal] The system of law and jurisprudence originating in the chancery courts of England which was created and designed to apply a sense of fairness to the more stringent common law. If frustrated in the courts of law, a litigant could seek relief in the equity courts. Today, equitable and legal issues are tried in the same courts but the concept of “doing equity” still survives as an essential element of American jurisprudence. EQUIVALENTS [L. aequare + valere / to be strong] Two things which are equal in value or effect. Corresponding to or identical with. In patent law, equivalents are two devices which may be different in name, form, shape or design but which perform the same function or work. The equivalents doctrine protects an earlier patented device by declaring that a later device infringes upon it. ERGO Therefore; consequently; hence; because. ERRATUM [L. erratus / a wandering about or straying] An error. The correction for an error in a printed document, usually printed separately. See CORRIGENDUM ERROR [L. erro, errare / to wander about, roam, stray; to be mistaken] A mistake or oversight. A departure or deviation from a standard which defines what is right and acceptable. A miscalculation or blunder. In litiga tion, error is a mistake made by a lower-court judge in ruling on a motion, admitting evidence, or conducting the proceeding before him. Judicial errors

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