ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Juries

What is the difference between a legal and equitable claim?

Whether a claim is legal or equitable can generally be determined by the remedy the plaintiff is seeking. As noted above, a request for money damages is, historically, a legal claim, while a request that the court order a party to take or stop some action is an equitable claim. The question can be more complicated in cases where there are a number of different claims, some legal, some equitable, and some with both legal and equitable characteristics.