Law - Equity Flashcards
What had happened by the 12th century?
Common law courts had developed which applied the common law introduced during in 1189 & the reign Henry II.
What is Equity?
A specific set of legal principles, which add to those provided in the common law.
What did civil actions in these courts have to be started by?
A writ.
What is a writ?
A legal document which sets out the cause of the action or the grounds for claim made.
What did the Provisions of Oxford 1258 do?
Prevented new writs to be made to suit a certain situation.
What did litigants (a person involved in a law suit) have to do with their circumstances?
They had to fit them with one of the available types of writ.
What happened if there was no writ to fit their circumstances to?
There was no way of bringing the case to the common law court & the phrase ‘no writ, no remedy’ followed.
Remedy - outcome.
Why was common law becoming more rigid?
Only one remedy was being offered.
What was the only remedy being offered?
Damages.
Damages - money.
