Sunday, June 16, 2019
The common law and equity systems of jurisprudence Essay
The common uprightness and equity systems of jurisprudence - Essay ExampleThe other contribution of equity law was supplementation of common law with such concepts as injunctive relief, the trust and specific performance.The Chancellor implemented the policy of the Statute of Laborers and made decisions concerning occupational competency deal negligent activity of carriers, builders, shepherds, etc. The inability of the common law to address damages due to faulty work resulted in the Chancellors competency in the issues of loss of wool, dead lambs, and damaged sheep. (Reilly)The majority of suits reviewed in equity dally were disputes over land property involving family members. The case was initiated by the plaintiff who filed a bill of complaint which is a petition to the chancellor or an equity court.The answer followed from the defendant. The plaintiff continued with a replication while the defender answered with a rejoinder. This pleading process might continue further or may be finished a bill filing stage. In the equity court the main evidence was not an oral testimony but a written deposition found on interrogatories. (Wikipedia)The Chancellor performed the roles of both a assess and jury. So he had the right to decide cases without a jury. Unlike the common law, the Chancellor as a judge and often as a apparitional person relied on circumstances of cases and his conscience but not to a set of rules.Term equitable claim contains broad moral sense based upon general equitable considerations rather than a strict meaning of the claim involving consideration of principles of right and justice. (Equity)
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