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Questions and Answers
What is the relationship between law and equity?
What was the jurisdiction of the Court of Chancery based on?
When did the Supreme Court of Judicature Acts come into force?
What were the courts of common law prior to the Judicature Acts?
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How was equity described in relation to the common law?
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Study Notes
Equity as a Part of the Law
- Law can be defined as the rules enforced in courts for justice promotion.
- Equity, on the other hand, refers to the part of the law that was exclusively enforced in the Court of Chancery before the Supreme Court of Judicature Acts of 1873 and 1875.
- The Court of Chancery was the only court that enforced equity, while the courts of common law (Common Pleas, Exchequer, and King's Bench) did not.
- The jurisdiction of the Court of Chancery was established based on moral principles to address injustices that couldn't be resolved in common law courts.
- Equity was considered a supplementary jurisdiction and an appendix or gloss on the common law.
- The Supreme Court of Judicature Acts of 1873 and 1875 came into force on November 1, 1875.
- These Acts changed the enforcement of equity by establishing the Supreme Court of Judicature, which unified the Court of Chancery and the courts of common law.
- After the Acts, equity could be enforced in all courts, not just the Court of Chancery.
- The Acts effectively ended the exclusive jurisdiction of the Court of Chancery in enforcing equity.
- The purpose of equity was to address and resolve injustices that the common law courts couldn't handle.
- Equity served as a means to supplement and provide additional remedies to the common law.
- The Judicature Acts marked a significant change in the enforcement and application of equity in the legal system.
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Description
Test your knowledge of the history and principles of equity law with this quiz. Explore the distinction between equity and common law, and learn about the role of the Court of Chancery.
