Introduction to equity Flashcards
(26 cards)
- What is Common Law?
A legal system based on precedent and customs, developed in England, and adversarial in nature.
- How is Civil Law different from Common Law?
Civil Law (e.g., Spain) is inquisitorial and code-based, while Common Law (e.g., UK) is adversarial and based on precedent.
- What is Equity in legal terms?
A separate body of law developed to address the rigidity and limitations of Common Law, providing discretionary remedies.
- Where did Common Law originate from?
It was administered through the Monarch’s Courts and derived authority from the King.
- What were Common Law remedies typically limited to?
Damages—monetary compensation.
- Why was access to Common Law courts limited?
One needed a specific writ to bring a claim; many valid disputes were excluded.
- What was the Common Law’s main problem?
It lacked flexibility and failed to adapt new remedies or recognize novel claims.
- What is a Writ?
A formal legal document issued to initiate proceedings in Common Law courts.
- What led to the rise of Equity?
The failure of Common Law to provide adequate remedies led people to appeal to the King and Chancellor.
- What role did the Chancellor play in Equity?
He acted on behalf of the King to provide just remedies where Common Law failed, often informally and in personam.
- How did the Chancellor’s court operate differently?
Proceedings were informal, no writ was needed, no jury was present, and it operated more flexibly.
- What is meant by “Equity acts in personam”?
Equity’s remedies are directed at the individual, not property or things.
- What are “Equitable Maxims”?
Guiding principles that inform how equitable remedies are granted, such as “He who comes to equity must come with clean hands.”
- Name three Equitable Maxims.
Equity follows the law
Delay defeats equity
Equity looks to the intent, not the form
- What are some common Equitable remedies?
Injunction, specific performance, rectification, rescission, account, and delivery up.
- What was the 1873/1875 Judicature Acts’ impact?
Fused Common Law and Equity courts procedurally, enabling both types of remedies in the same court.
- What does “Fusion of Attitudes” mean in Equity?
The idea that judges blend equitable discretion with common law reasoning in modern cases.
- Why is Equity still relevant today?
Because it offers flexibility, justice, and remedies where Common Law is insufficient.
- Why is discretion central to Equity?
Equity allows judges to tailor remedies to fit the circumstances and fairness of each case.
- What are modern examples of equitable doctrines?
Trusts and estoppel.
- What did Gascoigne CJ declare in 1406?
That the King had delegated all judicial powers to various courts, embedding the judicial system.
- What is the significance of Edward II’s coronation oath?
It underscored the King’s duty to ensure justice and mercy, justifying appeals to the monarch’s equitable powers.
- What did Baker say about the King’s residual authority?
That it could only be used where the Common Law was deficient, marking the foundation for equitable intervention.
- What is “palm tree justice”?
A criticism of early Equity, suggesting unpredictable outcomes depending on the Chancellor’s personal inclinations.
