Equity and Common Law College Essay

College
Essay
Miscellaneous
Pages 7 (1757 words)
Download 0
This paper will review the legal terms Equity and Common law, their historical development in the courts of England and the United States and how they are relevant to judicial proceedings in modern times.
What is Equity Equity is an English system of justice developed during the 17th and 19th centuries separate and distinct from common law…

Introduction


The courts of law in medieval times enforced the law of the king. The range of claims that these courts agreed to hear gradually became more restricted and painfully technical, and many deserving plaintiffs were denied a hearing. A plaintiff's alternative was to send a petition directly to the king, asking for mercy and conscience to decide the matter. The king regularly delegated these petitions to his chancellor who was the king's clergy and confessor. Soon the Chancery, the king's secretarial department, began to resemble a judicial body and became known as the "Court of the Chancery."
By the 15th century, the judicial power of the "Chancery" was recognized. Equity as a body of rules varied from Chancellor to Chancellor until the end of the 16th century. After the end of the 17th century only lawyers were appointed to the Chancery.
Equity acts as a system of decrees forcing an individual to act or forbidding an individual from acting by issuing injunctions or decrees. However in modern times a court will be reluctant to this if another solution namely monetary compensation is available. Thus the most common solution found in court system today is for a litigant to request damages in the form of monetary payment. This is the basic distinction between using equity determinations to administer the law and the law system as it exists today. ...
Download paper
Not exactly what you need?

Related papers

The common law and equity
Equity's impact remains as strong as ever and traces down its foundation to Norman Conquest. Equity to the layman means fairness and justice, but in the legal context its meaning is much more strictly defined. There are rules of equity which must be obeyed. Like any common law, its development may appear equally inflexible and rigid1. Its rights gave foundation to many modern laws and the remedies…
European Law College Essay
The provisions of Arts. 30 to 34 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historic or archaeological value, or the protection of industrial and commercial…
Equity and Common Law College Essay
The courts of law in medieval times enforced the law of the king. The range of claims that these courts agreed to hear gradually became more restricted and painfully technical, and many deserving plaintiffs were denied a hearing. A plaintiff's alternative was to send a petition directly to the king, asking for mercy and conscience to decide the matter. The king regularly delegated these petitions…
Law College Essay
It also gets distributed through e-mails, text messages through a mobile phone and from other electronic devices. However, this law was named after a nine year old girl namely Amber Hagerman, who was kidnapped and assassinated in 1996, Texas.…
Family Law College Essay
The oldest of the 3 matrimonial regimes is the Community as to Property. Every couple in Quebec, who got married before July 1970 without signing a marriage contract, were married under this legal regime. Under this, the property of the couples is divided under the following 3 heads: Community Property, which is administered by the husband, Private Property, that is, the property bought under an…
Business law
Referring to general principles of recognized by civilized states as a source of international law, it protects South African government in its bid to establish its own health care policy. The decision of South Africa was driven by the fact that most of the affected HIV/AIDS victims come from developing countries where access to cheap medical facilities and medicines were inadequate faced by a…