Common law & Equity
- Created by: alanadurran
- Created on: 25-04-17 19:40
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- Common Law & Equity
- Customs
- Rules of behaviour that develop in a community without being deliberately invented
- Each community has its own set of customs
- The laws in England and Wales have gradually developed over the years
- These ways of developing laws are usually referred to as sources of law
- William the Conqueror
- Set up the Curia Regis (the kings court) and appointed his own judges
- it wasn't until the Norman Conquest in 1066 that a more organised system of the courts emerged
- Henry II
- Henry II divided the country up into circuits or areas for the judges to visit
- Gradually, the judges selected the best customs which were then used throughout the country
- This had the effect that the law became uniform or 'common'
- Problems with the Common Law
- The law was very technical
- The only remedy available was damages
- To start a claim you needed a writ
- Provisioms of Oxford 1258
- Chancellor
- Where these problems occurred, and people could not obtain justice, they would go to the king, who in turn would refer them to his chancellor
- Both a lawyer and a priest
- '''Keeper of the Kings conscience''
- A Court of Chancery came into place that was under control by the Chancellor
- operated on these rules of equity or fairness
- Earl of Oxfords 1615
- The king is this place ruled that where there is a conflict, equity should prevail
- s25 Judicature Act
- this rule was then cemented into the law
- Customs
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