Equity common law essay

Hears Specialized Non-jury Cases The Master-in-Equity facilitates relatively quick and inexpensive means of litigation resolution for non-jury matters. The Master hears most foreclosure cases and a substantial number of civil, non-jury matters as well.

Equity common law essay

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Equity common law essay

It was then in that Law began to be standardised. There were, however, problems with the Common Law system and people were becoming dissatisfied with the remedies distributed by the Court.

This type of justice became known as equity. When William the Conqueror gained the English throne inhe constituted the Curia Regis, an instrument he used to govern the country and a court for deciding disputes.

Representatives from the Regis were sent out to the different localities of the country to check local administration and were ordered to make judgement of the effectiveness of the custom laws functioning in their designated locality and report back to the King in Westminster.

When the representatives were summoned back, they were able to discuss the various customs of each locality and were able to form, through rejecting unreasonable laws and accepting those that appeared to be rational, a consistent body of rules.

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Whenever a new problem of law was to be decided, the decision formed a rule and it was mandatory that the rule was followed in all similar cases. Bya common law had been established, that ruled the whole country. However problems soon arose regarding the remedies distributed by the Common Law Court and people soon became dissatisfied with the system.

One of the first complaints was concerned with the writ system. In the common law courts, civil actions had to be started by a writ.

Equity common law essay

Early on, new writs were created to suit new circumstances, however this stopped in the thirteenth century. Litigants had to fit their circumstances to one of the available types of writ.

If the case did not fall into the existing writ, the case could not be taken to court. Many people found their cases to be rejected for the reason that there was no writ to satisfy their case and so they were not given justice.

A second complaint was related to the remedy of damages. What the court did not realise was that money was not always an adequate solution to every problem. A final problem that arose with the system was that it was inflexible.

Before long, litigants began to petition the Chancellor himself and by the Chancellor had begun to make decisions on the cases on his own authority rather than as a substitute for the king.

This was the beginning of the court of Chancery. In the court of Chancery, litigants appeared before the Chancellor and he would deliver a verdict on the presented case based on his own moral view of the situation. Unlike the Common Law court, the court of Chancery could provide whatever remedy best suited the case and this type of justice became known as equity.

benjaminpohle.com 6 May Page 2 of 31 Introduction It is elementary, and somewhat over-simplified, law that the federal courts in the USA can not hear. common law and equity Essays - Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in parallel with the common law. It was designed to complement it, providing remedies for situations that were unavailable at Law. I: The Function of Legal Philosophy. FOR twenty-four hundred years—from the Greek thinkers of the fifth century bc, who asked whether right was right by nature or only by enactment and convention, to the social philosophers of today, who seek the ends, the ethical basis and the enduring principles of social control—the philosophy of law has .

Before equitable rules could be applied, equity devised maxims, developed to certify that the verdicts made were morally fair, which had to be contemplated prior to a final court decision.

In the Chappel v Times Newspapers ltd case, newspaper employees applied for an injunction to prevent their employers from carrying out the threat of sacking them unless they stopped their strike action.

The court said that in order for them to be awarded the remedy, the strikers should withdraw their strike action if the injunction was granted. The employees refused and so the injunction was not granted.

This maxim states that where a claimant takes an unreasonably long time to bring an action, equitable remedies will not be available. This is exemplified in the Leaf v International Galleries case where the claimant, Leaf, had bought a painting for a considerable amount of money however he found, five years later, that it was not the genuine constable he thought it was.

When he claimed the equitable remedy of rescission, it was refused as the delay had been too long.

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In response to the complaints regarding the remedies offered by the common law courts, equity increased the number of remedies available to the wronged party. Instead of just being given then remedy of damages, claimants could now be granted an injunction, which is an order given to defendants to do or not do something, specific performance, which compels a part to fulfil a previous agreement, a rescission, which restores parties of a contract to the position they were in before the contract was signed and rectification, which is an order that alters the words of a document which does not express the true intentions of the parties to it.

These remedies offered by the court of chancery are discretionary. A claimant who wins a common law court case is given the remedy of damages as of right, however the courts may choose whether or not to award an equitable remedy.

Equitable remedies are therefore not given as of right. Due to the improvements made by equity regarding remedies, the court of chancery became very popular and caused some resentment amongst the common law courts. The Lord Chancellor issued a common injunction of the Chancery prohibiting the enforcement of the common law order.

The two courts became locked in a stalemate, and the matter was eventually referred to the Attorney General.Law and Equity Essay (a) Outline the development of common law and equity.

There was no system of law in England and Wales before , as it was mainly based on customs which were just rules of behaviour and the other used to be the decisions of judges. The law . English contract law is a body of law regulating contracts in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), and to a lesser extent the United benjaminpohle.com is also experiencing gradual change .

common law and equity Essays - Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in parallel with the common law.

It was designed to complement it, providing remedies for situations that were unavailable at Law. Law, government, legal profession, regulations, civics.

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"To be governed is to be watched over, inspected, spied on, directed, legislated, regimented, closed in. 2. Analysis and Discussion. Explain the reasons behind the creation of equity.

The reasons behind the creation of equity include the inadequacy and inflexibility of the common law to . from the magazine No Thug Left Behind Obsessed with “racial equity,” St. Paul schools abandoned discipline—and unleashed mayhem.

Indeed, the everyday work of the courts was never more completely shaped by abstract philosophical ideas than in the nineteenth century when lawyers affected to despise philosophy and jurists believed they had set up a self-sufficient science of law which stood in no need of any philosophical apparatus.
We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court.
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