The History of Common Law and equity

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In which year did William the Conqueror become King of England?
1066
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In 1066 what did William the Conqueror create?
Curia Regis
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What was the Curia Regis?
The King's Court, where people would apply to the King for him to resolve their dispute
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What kind of cases were heard in the Curia Regis?
Any case that was of interest to the King, for example, a Breach of the Peace
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Which monarch divided the country up into circuits?
Henry II
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What relation was Henry II to William the Conqueror?
He was the great-grandson of William the Conqueror
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The country was divided up into circuits in which year?
1189
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How was the first system of Common Law made?
The judges met and decided that the ‘best’ customs from each circuit should make a law that was common to all
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Which year did the Provisions of Oxford case happen in?
1258
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What did the Provisions of Oxford stop?
It stopped new writs being created
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What was the impact of the Provisions of Oxford?
If you wanted a case resolved, you had to have an existing writ
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What is a writ?
A formal written command, issued from the court, requiring the performance of a specific act
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What was the only remedy available in the common law?
Damages
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What were the key criticisms of the common law 1258-1345?
That the system had become too rigid due to writs not being made and that the only remedy in the common law was damages
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After being frustrated at the problems in the common law, who did people take their complaints to?
The Chancellor
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What was the Chancellor regarded as?
The Keeper of the King’s Conscience
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What did the Chancellor make his decisions on rather than the precedent at the time?
Fairness
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In which year did the Court of Chancery begin operating?
1345
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What was the Court of Chancery a court of?
Equity
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What did Lord Justice Coke say about equity?
He said that ‘equity varied with the length of the Chancellor’s foot’
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Was, at the time of the Court of Chancery first starting equity and common law only found in separate courts?
Yes
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Which famous case unfolded in 1615?
The Earl of Oxford’s Case
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What did the Earl of Oxford’s case state?
That when common law and equity are in conflict, that equity would always prevail
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What did the Judicature Acts 1873-1875 do?
They merged the two separate courts, although they stay as separate systems either a verdict based on the common law or an equitable verdict could be sought from the same court
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What section of the Judicature Acts 1873-75 confirmed that equity should prevail when there is conflict with the common law?
s.25
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In 1975 which new equitable remedy was created?
Mareva Injunction
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What is a Mareva Injunction now known as?
A Freezing Order
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In 1976 which new equitable remedy was created?
Anton Piller Order
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What is an Anton Piller Order now known as?
A Search Order
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Which statute was passed in 1285?
The Statute of Westminster
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What did the Statute of Westminster do?
It stated that new writs could be issued but only if they followed earlier precedents
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From 1475 what did the Chancellor do?
He started to issue summonses in his own name to call people to come into his court to answer claims
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Which powers of the state did William the Conqueror exercise?
All three, the executive, the legislative and the judicial
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The Curia Regis being the king’s court is a forerunner to which modern day division of the High Court?
The Queen’s Bench Division
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Other cards in this set

Card 2

Front

In 1066 what did William the Conqueror create?

Back

Curia Regis

Card 3

Front

What was the Curia Regis?

Back

Preview of the front of card 3

Card 4

Front

What kind of cases were heard in the Curia Regis?

Back

Preview of the front of card 4

Card 5

Front

Which monarch divided the country up into circuits?

Back

Preview of the front of card 5
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