common law and equity Essays -- essays research papers

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 significant petitions were reserved for the parliament. The re st, 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 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 chancellor’s later power stemmed from the fact that he had custody of the great seal of England, which was used to authenticate these documents. Because the writs originated from thi... ...  Ã‚  In the 19th century radical 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 increasing 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 two courts and, once and for all, eliminating the rivalry between them. After 500 years, however, the chancery still left a bad taste in peoples’ mouths, and under Victorian 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 dispute 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 giving 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 notion of the all-powerful feudal lord.