Common Law and Equity Inconsistent to draw up the relationship between common law and equity, we firstly have to define what is common law? What are the defects of common law, and to what extend equity have been created. From the development of common law and equity, what has been the effects of the Judicature Acts 1873-1875? What are the equitable maxims that are needed to be satisfied? What are the various kind of equitable remedies that have been developed?
During the Norman Conquest, circuit judges have been travelling from one county court to another in order to settle disputes. Later, common law courts have been
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Many litigants are unable to seek appropriate redress. Common law often look on the procedure rather than the intent.
Based on the defects of common law, many litigants petitioned the King, the Justice of Fountain so that the King will be able to preside on the cases.But then later, the King passed the workload to the Lord Chancellor. Soon the Lord Chancellor start to make decision on his own authority rather than as a substitute for the King. This has tribute to the development of the Court of Chancery. The court is not bound by any particular rules, neither does not followed binding precedent. All decision are based on the right and wrong of the Chancellor. Many have resented about the various decision which are made according to the length of the Chancellor foot. The court follows the merits of a case and not precedent. In a particular case, in Earl of Oxford case 1625, there have been conflicting judgement between the common law and the Court of Chancery judgement. This matter was later referred to the King, and the King have decided that now and in future, if both law conflict, equity shall always prevail. Besides that contrary with common law, equity recognises trust and mortgages. Equity recognises and
1) Since the injured plaintiff was not wearing a seatbelt, why is Ford being sued for failing to test the seatbelt sleeve?
From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.
With respect to family, assess the ability of the legal system to respond to differing issues concerning values
It is easy to see that the legal factors involved are themselves not perfect. Since the Court is made up of human beings who are similarly imperfect, it is not implausible to suppose that the Court likewise
1.Adams orders one thousand widgets at $5 per widget from International Widget to be delivered within sixty days. After the contract is consummated and signed, Adams requests that International deliver the widgets within thirty days rather than sixty days. International agrees. Is the contractual modification binding?
Democracy stresses the equality of all individuals and insists that all men are created equal. Democracy does not persist on an equality of condition for all people or argue that all persons have a right to an equal share of worldly goods. Rather, its concept of equality insists that all are entitled to equality of opportunity and equality before the law. The democratic concept of equality holds that no person should be held back for any such arbitrary reasons as those based on race, color, religion, or gender. This concept of equality holds that each person must be free to develop himself or herself as fully as he or she can or cares to and that each person should be treated as the equal of all other persons by the law. We have come
During the great pressure of segregation, Martin Luther King was arrested on a charge of parading without a permit, but this charge was abused to deny him his first amendment of peaceful assembly and protest. In Martin Luther King's, Letter To Birmingham, He wanted to create a better understanding of just and unjust laws. Therefore king is very conscientious when he addresses the issue of obeying laws, I agree with his assertion of just and unjust laws, because you have to understand what laws do not conflict with God given rights for them to be morally correct.
Sec. 3 Equal Rights is a civil liberty. The third section of the Texas Constitution is based on equal protection against government discrimination among men (sex, race, color, creed or national origin). In this case the government cannot take away citizens’ rights. The first amendment of the Bills of Rights gives people the right to practice any religion they chose to and government is prohibit to interfere in a person’s beliefs. In past court cases that freedom of religion was addressed dealing with the exclusion of prayers in public schools, the prohibition of polygamy, and the limitation of the use of drugs or snakes in religious rituals.
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
Is there structural inequality in the criminal justice system? When we watch the news or read our newspapers, we can see that most of the criminals portrayed are of African American or Hispanic descent. Being a fan of true crime novels, they even depict more Black male criminals than White males. Are African American males committing more crimes than White males? What factors are involved for Blacks to be more involved in crime? How do African American stereotypes play a role with possible racial profiling from the policing force? Are Blacks treated fairly in the criminal justice system? After much research, I hope to answer these questions and determine if African Americans
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.
What is social justice and how does it relate to liberation theology? How do sin, love, grace, and human freedom affect social justice? What restricts freedom and social justice? And how does all of this play a role in the Kingdom of God?
When will we stop being unjust? Our society today is full of problems and issues. We not only experience economic and politic issues, but we face social problems as well. One main problem that our society must acknowledge is injustice. However, many members of our society are blind not to recognize that permitting unjust and unfair acts is an actual injustice. They believe it’s appropriate to judge others, to make inappropriate comments and to be disrespectful.
• How would your friend’s theft be dealt with under the law in this country?
The purpose of the paper research is to identify the world of property law that remains confusing to quite a number of people regarding personal and real property. Due to this confusion, a number of disputes arise when parties fail to reach an agreement especially when the seller includes the item in question as part of the sale of the realty and the buyer has a different view. This research will identify five examples of fixtures and real property in my house that will be enlightening especially pertaining the two gray areas. The research will also look at the determination made by commercial law pertaining to the evaluation of real property and fixtures and the exceptions when applying such tests. In the research, it will highlight the question of figuring out what fixtures are and the significant importance or raise this question with regards to the increase in the number of disputes associated with property law in case the value of the personal property exceeds the real property value. Finally, the research will identify different scenarios that may give rise to disputes regarding personal property and fixtures and how these fixtures are identified using different tests conducted by the property law courts in order to come to a consensus.