Common Law Dbq

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Equity was developed over centuries but initially as a reaction to the “harshness of the common law or lack of developments in common law”. Furthermore, the common law system went unchanged for centuries and was a system were petitions were presented to the King for his grace in some complaint where “the usual royal answer was let him sue in common law”. In addition, complainants often complained about officials in respect of misconduct and unfairness. During the 14th century petitioning to the King was so common that some complaints had to be referred to the special council of Parliament; in which hearing these complaint continued in the role of “Curia Regis”. A general and permanent change of law was brought about because of an increased amount of petitions only complaints of special importance where reserved for parliament. Furthermore, “if a bill was asserted to become statues private suits were more often dealt with by the council or delegated to individual councillors such as the Chancellor or Admiral”. However, out of …show more content…
In 1933 a well know metaphor by Ashburner which reads “The two streams of Jurisdiction though they run in the same channel, run side by side they do not mix their waters”. What is meant by this metaphor is that equity and common law operate together they are certainly not governed by the same principals. The Judicature Act also abolished all the old Courts and replaced them with the High Court of Justice. Furthermore, the High Court of Justice is divided into five division’s one Court with five different sections. They are Chancery, Queens Bench, Common Pleas, Exchequer, Probate and Divorce this new court system replaced the old individual courts. “Business is divided between the courts and every Judge of each division was bound to administer whatever rule of law” i.e. common law and

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