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Z - AS Law - Common Law And Equity > Common Law And Equity > Flashcards

Common Law And Equity Flashcards

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1
Q

How was England governed before the Norman conquest?

A

Different areas of England were governed by different systems of law which was adapted by invaders who settled there

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2
Q

What were the different areas in England before the Norman conquest referred to as?

A

Circuits

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3
Q

What law was in the north?

A

Dane law

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4
Q

What law was in the Midlands?

A

Mercian law

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5
Q

What law was in the south and west?

A

Wessex law

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6
Q

Where was Dane law?

A

The north

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7
Q

Where was Mercian law?

A

Around the Midlands

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8
Q

Where was Wessex law?

A

The south and west

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9
Q

What was the problem with circuits?

A

The King had little control over the country as a whole and there was no effective central government

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10
Q

What happened in 1066?

A

William conqueror gained the throne

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11
Q

When did William the conqueror gain the throne?

A

1066

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12
Q

What was the system of law before the Norman conquest?

A

Different areas of England were governed by different systems of law which was adapted by the invaders that settled there. These areas became known as circuits, in the north there was Dane law, Mercian law in the Midlands and Wessex law in the south and west. The circuits caused a problems because it meant the kind had little control over the country and there was no centralised government.

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13
Q

What did William the conqueror do when he gained the throne?

A

Establish a strong central government
began to standardise the law
Introduced itinerant justices

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14
Q

What were itinerant justices?

A

Representatives of the King

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15
Q

What did itinerant justices do?

A

They were were sent to check the administration in the countryside and adjudicate local disputes in accordance to local laws. They would the tell those at Westminster these laws and decide which ones to keep and dismiss.

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16
Q

What had happened by 1189?

A

Henry 11 had established a common law which ruled the whole country

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17
Q

When had a common law been produced by?

A

1189

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18
Q

What did the common law in 1189 consist of?

A

The best customs from each of the circuits

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19
Q

When did the power of the monarch reduce?

A

1640’s

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20
Q

Why did the power of the monarch reduce?

A

The English civil war was fought between King Charles 1 and parliament, in part over the issue of the King making decisions without consulting parliament.

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21
Q

What happened in the 1640’s?

A

The English civil war was fought between King Charles 1 and parliament

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22
Q

What was starting to happen in the 19th century?

A

The House of Commons was becoming more important as the right to vote was increasing

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23
Q

What happened by the 12th century?

A

Common lose courts had been developed which applied common law created by Henry 11.

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24
Q

How were civil actions started in common law courts?

A

By a writ

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25
Q

What did a writ commence?

A

Civil actions in common law courts

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26
Q

What did the writ set out?

A

The grounds for the claim made.

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27
Q

Initially how were writs issues?

A

Writs were created to suit the situation

28
Q

What stopped writs being created to suit a situation?

A

Provisions of Oxford 1258

29
Q

What did the provisions of Oxford 1258 do?

A

Stopped writs being created to suit a claim

30
Q

When was the provisions of Oxford?

A

1258

31
Q

How would people file a civil case after the provisions of Oxford 1258?

A

Litigants had to fit their circumstances to one of the available types of writ.

32
Q

What happened if the litigants case did not fit a writ?

A

Their case would not go to a common law court

33
Q

How was the phrase ‘no writ - no remedy’ created?

A

Writs used to be created to suit the litigants circumstances. However, the provisions of Oxford 1258 prevented this and claimants have to make their case suit a pre made writ. If there was no suitable writ, your case would not go to court.

34
Q

What problems did claimants face even when they did make their case fit a writ?

A

Lots of time was spend examining the validity of the writ rather than the merits of the claim

35
Q

What was the problems with common law?

A

It was to rigid
The only remedy offered was damages
Common law courts and juries were easily corrupt

36
Q

What was the problem with damages being the only remedy?

A

It wasn’t always an adequate solution

Often the petitioner was not paid

37
Q

What did dissatisfied parties begin to do?

A

Petition to the King

38
Q

Who were the petitions passed along to?

A

The chancellor, the Kings chief minister

39
Q

Why did the King pass the petitions to the chancellor?

A

Because he didn’t want to spend time considering

40
Q

What happened by 1474?

A

The chancellor was being petitioned himself and begun making the decisions himself rather than as a substitute for the King

41
Q

How did the court of chancery begin?

A

By people beginning to petition the chancellor directly rather than go through the King.

42
Q

What happened in the court of chancery?

A

Litigants appeared before the chandelier who would question them and deliver a verdict based on his own moral view, which was obviously a problem.
The court could demand relevant documents

43
Q

How did the chancery court and common law court differ?

A

Common law courts did not admit oral evidence until the 16th century and had no way of extracting truth from litigants

44
Q

Was the chancery court bound by precedent?

A

No, it relied heavily on the chancellors view of right and wrong

45
Q

What type of remedy could the court of chancery give a litigant?

A

Whatever remedy best suited the case

46
Q

How did equity come about?

A

The court of chancery was able to provide the remedy best suited for the case

47
Q

What was the problem with equity?

A

It became unpredictable with every new chancellor

48
Q

What was the common saying about equity?

A

“Equity varied with the length of the chancellors foot”

49
Q

Why did “equity vary with the length of the chancellors foot”?

A

Chancellors were not lawyers and had no formal legal training

50
Q

What happened in 1529?

A

The first lawyer, sir Thomas More was appointed as chancellor marking the beginning of a new era

51
Q

When was the first lawyer appointed as a chancellor?

A

1529

52
Q

Who was the first lawyer appointed as a chancellor?

A

Sir Thomas more

53
Q

What did the earl of oxfords case 1651 establish?

A

That equity should prevail

54
Q

Who decided upon conflicting decisions between the commit law and chancery courts?

A

The King

55
Q

What did the King advise in relation to conflicting judgements of the two courts?

A

Equity should prevail

56
Q

Why was it a good decision that equity should prevail?

A

Otherwise it would have been worthless, it could not fill the gaps of common law unless it was dominant.

57
Q

What is equity?

A

A specific set of legal principles which assist common law

58
Q

After some time, what began to dominate equity?

A

Precedent and standard principles

59
Q

Why was it a natural process that equity began to be ruled by precedent?

A

Because it became standard practice to to appoint lawyers rather than clergy to the office of lord chancellor

60
Q

What happened by the 19th centre in relation to equity?

A

Equity had developed case law and recognisable principled and was no less rigid than common law

61
Q

What did the judicature acts 1873-75 set out?

A

The basis of the court structure which allowed equity and common law the be administered by all courts

62
Q

Why was there no longer a need for the court of chancery?

A

Because equity had become a body of law rather than an arbitrary exercise of conscience

63
Q

What did Lord Cairns say in Pugh v Heath?

A

‘It is now not a court of law or a court of equity but a court of complete jurisdiction’

64
Q

What is Pugh v Heath relevant too?

A

The judicature acts 1873-75

65
Q

When were the judicature acts?

A

1873-75

66
Q

What does s52 of the judicature acts 1873-75 state?

A

When there is a conflict between common law and equity equity will prevail

67
Q

Where does it state ‘if there is a conflict between equity and common law equity will prevail’

A

S52 judicature acts

Z - AS Law - Common Law And Equity (2 decks)

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