Keyword there: form
There is the form of law as well as its substance or spirit.
You want to bring about the spirit of law, not simply just its form.
There may be one procedure for both equity and common law, but the bodies of law are still separate and distinct. See my #2 post.
You can steer the judge as to which way you want him to rule by way of the issues raised as well as the remedy sought.
Box in the judge as well as destroy the counter-party.
You give him the case law (precedence) in which to hang his hat upon and he shall have to rule accordingly.
If not, there is always appeal. An appeal has its roots in form from admiralty/maritime law. In common law, procedure would be a writ of error.
Be not enraptured by the form so that the spirit is forgotten
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Originally Posted by shikamaru
Keyword there: form
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