Evolution Of English Equity Flashcards
Who were the first to bring natural justice to England
Romans
What was much of Romans law drived from
Stoticism ( stoic philosophers)
Henry Maine stated romans Law and equity was administered by who?
Praetor and a lot of edicts and decrees know as praetor edict. However it hasn’t been confirmed if it was the core of English law
Who conquered the English after the romans
Norman conquered England. Which lead to the establishment of English law.
Types of common Law courts
The kings bench
Court of common pleas
The exchequer
For more then 2 centuries these court administered justice in England
Common developed in England after the introduction of what
Feudalism following the conquest of 1066. Common evolved case after case in court decision.
When did chancery slowly emerged as a distinct and autonomous body of law
14th and 15th century
What by the end of the 14th century
The chancellor was presiding as a judge in his own court of chancery and the branch of law called equity began to grow as a supplement
Initially those petitions were addressed to the King or the King in Council and they were referred by the King to Chancellor to address but what happened after a whil
With the passage of time these petitions later came to be addressed directly to the chancellor himself
At the beginning of the 16th century the chancery was supplementing rules of common law to arrive at results in line with what?
A doctrine of conscience
Gives examples of complaints Chancery was responsive to
Complaints about fraud and deceit. It’s enforcement in trust and uses. Chancery made significant contributions to law in England.
What was the fault in early equity
Chancellors we’re bishops, concerned more with relieving hardship in cases than with formulating a body of defined rules and principles.
