Common Law and Equity

Topics: Common law, Judge, Jury Pages: 4 (1708 words) Published: February 17, 2002
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. Because of this, Equity provided a dimension of flexibility and justice that was often times lacking because of the common law's rigidity. This rigidity stems from the fact 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 Crown continued to impose new jurisdictions, many statues sought to protect the peoples' right to due process. In 1215 the Magna Carta was issued which sought to protect a free man's right to life, liberty, and property except 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. Gradually the number of these petitions increased so much that they had to be reserved for special councils of the parliament, and as they continued to increase, only the most significannot petitions were reserved for the parliament. The rest, mainly private suits, were passed on to individual councilors such as the chancellor, admiral, or marshal. These councilors grew in importance as petitioners began approach the appropriate individual directly. Out of the councilors' arrangements for dealing with these cases, along with their added significance, developed several distinct courts. The most...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Development of Common Law and Equity Essay
  • Common Law and Equity Essay
  • Essay about Common Law and Equity
  • Common Law and Equity Essay
  • Essay about Distingtion Between Equity and Common Law
  • Common Law and Equity Essay
  • Common law and equity Essay
  • Essay on The Development of Common Law and Equity

Become a StudyMode Member

Sign Up - It's Free