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1、文档来源于网络，如有重复请自行下载Legal and Equitable Remediesfrom：Other parts ofthe criminal code may in some jurisdictions allow stiffer penalties for repeat offenders.Punish-ment for the most serious offenses,or felonies,is more severe than for misdemeanors. In civil actions,most American courts are authorized to
2、 choose among legal and equitable remedies.The distinction means less today than in the past but is still worth under-standing.In 13th century England,”courts of law” were authorized to dcree monetary remedies only.If a defendants breach ofcontract cost the plaintiff 50,such a court could order the
3、defendant to pay that sum to the plaintiff.These damages were sufficient in many instances,but not in others,such as a contract for thesale of a rare artwork or a specific par-cel ofland.During the 13th and 14th centuries,”courts of equity”wereformed.These tribunals fashioned equitable remedies like
4、 specific per-formance,which compelled parties to perform their obligations,rather than merely forcing them to pay damages for the injury caused by their nonperformance.By the 19th century, most American jurisdictions had eliminated the distinction between law and equity.Today,with rare excep-tions,
5、U.S.courts can award either legal or equitable remedies as the situation requires. One famous example illustrates the differences between civil and criminal law,and the remedies that each can offer.The state ofCalifornia charged the former football star O.J.Simpson with murder.Had Simpson been con-v
6、icted,he would have been impris-oned.He was not convicted,however,as the jury ruled the prosecution failed to prove Simpsons guilt beyond a reasonable doubt.Afterwards,Mrs.Simpsons family sued Simpson fowrongful death,a civil action.The jury in this case determined that a preponderance ofthe evidence demonstrated Simpsons responsibility for the death ofhis wife.It ordered Simpson to pay money damages legal remedy to the plaintiffs. 2
