Equity and Common Law History Overview

<p>The principle of conscionable-ti (A)</p> Signup and view all the answers

<p>It evolved from the King directly hearing lawsuits regarding injustices. (B)</p> Signup and view all the answers

<p>To compel a defendant to appear before the Court of Chancery. (A)</p> Signup and view all the answers

<p>It prevents a defendant from taking a specific action. (C)</p> Signup and view all the answers

<p>A rigid and inflexible approach to law (A)</p> Signup and view all the answers

<p>The Court of Chancery's use of injunctions to prevent the enforcement of common law judgments (B)</p> Signup and view all the answers

<p>Equity was a flexible system that adapted to individual circumstances. (B)</p> Signup and view all the answers

<p>The merging of the common law and equity courts into one unified system. (C)</p> Signup and view all the answers

<p>The equity prevails over common law. (C)</p> Signup and view all the answers

<p>It demonstrated the common law courts' opposition to the Court of Chancery's interference in their jurisdiction. (A)</p> Signup and view all the answers

<p>It gradually adopted rules based on precedent, similar to the common law. (C)</p> Signup and view all the answers

<p>They unified the common law and equity courts, but maintained their separate principles. (C)</p> Signup and view all the answers

<p>Early equity was criticized for being too subjective and lacking consistent application. (A)</p> Signup and view all the answers

A remedy introduced by the Court of Chancery to restrain enforcement of common law judgments.

Selden critiques equity's discretionary nature, varying with different Chancellors.

The conflict was settled in 1616 when Francis Bacon confirmed the validity of injunctions for the Court of Chancery.

Merged common law and equity courts, establishing equity's precedence in conflicts.

A case demonstrating tension between common law and the Court of Chancery regarding jurisdiction.

Shifted from discretionary to adopting precedents, enhancing predictability in equity.

A court that originally dealt with matters of equity, evolving its processes over time.

While equity and common law were unified, they maintain distinct intellectual principles post-Judicature Acts.

A set of rules developed by the Court of Chancery to achieve fair outcomes, addressing the limitations of common law.

A landmark case that highlighted the need for equity due to the limitations of general common law to address all actions.

A case stating equity is a moral virtue correcting the rigidity of law, reinforcing its role as a corrective force.

The foundational principle of equity focusing on fairness and the conscience of the individual in legal matters.

Developed from direct petitions to the King to seek fairness when common law was seen as unjust; led by the Lord Chancellor.

An order from the Court of Chancery compelling a defendant to appear in court, under threat of financial penalty.

To provide remedies and fair solutions where the law is rigid or deficient, ensuring justice and fairness in individual cases.