common law and equity Essays -- essays research papers

chasten is frequently referred to as a supplement to the putting surface law. Cruzon defines Equity as a system of law developed by the coquet of chancery in parallel with the greenness law. It was designed to complement it, providing remedies for situations that were out of stock(predicate) at Law. Because of this, Equity provided a dimension of flexibility and justice that was frequently times lacking because of the joint laws rigidity. This rigidity stems from the situation that, while courts sometimes altered their jurisdictions and procedures, the fundamental premises and noticeable forms of the common law went largely unchanged between the 13th and 19th centuries.The common law was regarded as a birthright for all Englishmen however, as the upper side continued to impose new jurisdictions, manhoody statues sought to protect the peoples right to due offset. In 1215 the Magna Carta was issued which sought to protect a free mans right to life, liberty, and property ex cept by the due process of the law. These statutes meant to limit the power of the crown, the very power that had introduced the common law as an alternative to the previous localized form of justice, and characterized a shift in the common law. Yet, due process legislation could only be invoked where the common law was considered to be deficient, and petitions were sent to the king, seeking his grace, when this was thought to be the case. step by step the number of these petitions increased so much that they had to be reserved for particular(prenominal) councils of the parliament, and as they continued to increase, only the most significant petitions were reserved for the parliament. The rest, primarily private suits, were passed on to individual councilors such as the premier, admiral, or marshal. These councilors grew in importance as petitioners began approach the appropriate individual directly. Out of the councilors arrangements for dealings with these cases, along with thei r added significance, developed several distinct courts. The most important of these was that of the chancellor as it developed its own jurisprudence.The Chancery began as the royal secretariat. originally it was a department where royal writs and charters were drawn and sealed. Much of the chancellors later power stemmed from the fact that he had custody of the expectant seal of England, which was used to authenticate these documents. Because the writs originated from thi... ...In the 19th century paper reforms of the judicial system attacked the practical flaws of the chancery. In 1813 the supreme power of the chancellor was checked by the appointment of a vice-chancellor. Later, this effort was continued by change magnitude the power of the Master of the Rolls, and the abolition of many of the offices in the court. By reducing the spread of the court and once again streamlining business, hopes were for joining the ii courts and, once and for all, eliminating the rivalry be tween them. After 500 years, however, the chancery shut away left a bad taste in peoples mouths, and under straitlaced legislation, the power of the supreme courts was increased to administer the law and equity the chancery and the common law courts were abolished, forever ending the age old feud between the two.While the chancery was abolished, equity has taken on a broader meaning and still survives today in England and the US. It is that approach to justice large more precedent to particular facts of a case. Equity is important because it gave increasing protection to the individual, and represented a breaking away from the medieval opinion of the all-powerful feudal lord.