Common Law And Equity Law

In Middle Ages, the Feudal Judicial system was formed around old Germanic ideas and also Ancient Roman Law. Law during this time was seen as rather harsh than fair. The saying "innocent until proven guilty" was switched around to "guilty until proven innocent". Most people were found guilty due to how they dealt with trying to prove their innocence. The system was split into three courts, due to the different levels in society also the seriousness of the crime. These three courts were royal, church, and manor. Being brought to the royal court was for serious crimes such as murder, rape, treason.etc. Although the King was in complete control of everything, he used common law to help with justice. The courts that lie within the church

The distinctive body of law which is now referred to as tort arouse in the 1580’s with the first usage of the word ‘tort’ in a legal context. The general creation of ‘tort’ in a court of law was made to allow a party that has suffered harm due to the inactions or actions caused by an opposing party to impeach legal liability to the opposing party or to allow the accused party the right to defend their liability of such harms. The primary purpose of tort law Is to redress imbalances which has led to harm caused by another party this allows aggrieved parties to have the right and freedom to seek compensation for such damages as a court of law sees fit. Tort has a large distinction from other areas of law as crimes are punishable by the state, whereas as for a tort has specific consequences and allows the injured person or party the right to action. Tort’s largest outlying factor which differentiate from other areas of the law is the fact that for other areas of the law the case will classify the pursuant to their seriousness and in regards to tort this would not be the case due to the case will be decided in regards to a party’s legal liability and that the injured party receives right and just compensation for their losses.

Common law was not England’s only legal system. There were many other courts in England, however, people of England and America believed they had certain unalienable rights. One main factor of common law rights was the right to a fair trial. Through common law, the people were assured there would be an impartial judge and/or jury. Without such, the laws would be unfair and no one would receive a fair trial.

Common law became into effect after the Norman Conquest (A.D. 1066) consolidated their hold on newly won territory. One way was to take control over the legal/court systems. When this happen

This paper will cover topics such as; what a court is and what the purpose of the court is. This paper will define the dual court system. In addition this paper will describe the role that early legal codes, the common law and the precedent played in the development of courts. And lastly this paper will identify the role of the courts in the criminal justice system today.

Courts of equity were the Chancery courts and existed historically as an entirely separate department from the Supreme Court, imitating the historical arrangement in place in England. A primary reason for the development of the Chancery courts was to provide a means of redress where the common law provided an inadequate remedy or no remedy at all. In equity, generally the court’s power is to direct someone to act or to forbear from acting, which circumstances clearly cannot be redressed by the award of money damages.

Common law in Canada is based on precedent, which mean that common law uses previous events or situations to guide court decisions going forward. Precedent is ‘binding on other equal or lower courts in the same jurisdiction as to its conclusion on a point of law, and may also be persuasive to courts in other jurisdictions, in subsequent cases involving sufficiently similar facts’; therefore, common law is not based on interpretation. Common law is created from precedent alone. Common law is used in areas like contract law, tort law, and property law. There may be written statutes in these areas of law; more often than not, the judge’s decision is based on precedent rather than a statute.

Law in the middle Ages was ambiguous, oaths, ordeals and ‘Judgments of God’ were considered to be equivalent to law. There was no formal hierarchy of courts or assemblies, disputes were often settled by collective judgement lead by a group of men from the highest status in the community. The legal disputes in both sources reflect the unprofessional law in medieval Europe.

Common law relies on precedents set by other courts (QuickMBA, 2010). In applying this law, judges refer to the findings and rulings of other courts (QuickMBA, 2010). This law is mostly used in state courts (QuickMBA, 2012). The origins of this practice can be traced back to the 13th century, when the royal judges began writing their decisions and the reasons that informed them (QuickMBA, 2012). The Common law is often applied in solving cases involving schools. These cases revolve around the freedom of expression.

Honore de Balzac once said, “Laws are spider webs through which the big flies pass and the little ones get caught.” In the law system of the Middle Ages, one of the major courts was the church court, where the leaders of the Catholic Church held the jurisdiction. However, there were countless problems with the attitude of the church and the misdeeds they performed. Despite the fact that medieval laws were justified in the eyes of religion, it was the abuse of those administering the laws that caused the failure of medieval justice system.

The judicial Power is entitled to all citizens Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”The jurisdiction of the federal courts was further

Equity has been described as a ‘mysterious creature’ that lies distinctly alongside the common law. In considering the statement, there is an almost linear reversal in which the remedies in equity procure a type of right not necessarily available in the common law. This peculiar jurisdiction has created consistent controversy especially in regards to the fusion of the common law and equity. To understand further, this essay will consider the relationship between equity and the common law. The development of equity alongside the common law through its history and intention, and application in case law will be imperative in the discussion of the statement. In conjunction with an analysis of fusion, it will become apparent that equitable damages were enlivened, separate to, in unfair circumstances where no rights/damages existed within the common law. In trying to tread the murky waters of the distinction yet the procedural fusion of equity and common law, the contention of this essay becomes apparent. Effectively, this essay aims to highlight that the history, intention, application and fusion fallacies regarding equity, all which point to an assertion that rights in equity are indeed the product of its remedies. Whether they are merely ‘two streams of jurisdiction, though they run in the same channel, run side by side and do not mingle their waters’, is yet to be seen.

"John, by the grace of God king of England, lord of Ireland, duke of Normandy, Aquitaine and Hazzard, and count of Anjou, to his archbishops, bishops, abbots, earls barons, justiciars, sheriffs, ministers, bailiffs and all his faithful men, greeting."1 So begins the most famous legal document of the Middle Ages. The Magna Carta was a product of the power struggle between King John and his barons in the year 1215. Although it was intended to address concerns that were specific to its time and place, it became a high water mark of legal freedom for centuries to come. This essay will examine the events that caused the Magna Carta to be written, the key provisions it contains, and the effect it had on the law of England and

Nowadays every legal system wants to achieve justice. Different legal traditions in the world have given a different meaning of this concept by following one of the two legal systems: a civil law system and a common law system. The civil law system emerged from Roman law and throughout many centuries has been developed in continental Europe and often is called a “continental legal system”, achieving its prominence through development of aqui communitare in Europe. The common law system emerged in England during the Anglo-Saxon period and was developed by British colonies, reaching its peak in the United Kingdom and the United States of America.

Critically assess the different sources and characteristics of the English Legal System. To what extents have external influences affected its development.