The Development of Common Law and Equity
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No real common law exists today, having been entirely codified as statutory law throughout the English-speaking world. There remains, however, what are sometimes termed common law rights. Now and again, a new situation arises where there is no law to guide a judge, but where there really is something to adjudicate. One case I recall from the 70? The guy was adjudged to have a common law right to the sunshine, more or less on old common law water-rights law and the neighbor lost. This particular case involved equity as well. Equity came into play when there was no precedent for the case at hand.
This happens even today. If there is something for the court to adjudicate, but no guiding precedent or statute to guide how the case is to be decided, the judge perhaps through a jury creates a new precedent based on what is fair and equitable.
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This is a very common sense legal doctrine. A system of jurisprudence supplementing and serving to modify the rigor of common law. History of the common lawCommon law originally developed under the inquisitorial system in England from judicial decisions that were based in tradition, custom, and precedent.
Such forms of legal institutions and culture bear resemblance to those which existed historically in continental Europe and other societies where precedent and custom have at times played a substantial role in the legal process, including Germanic law recorded in Roman historical chronicles. The form of reasoning used in common law is known as casuistry or case-based reasoning. The common law, as applied in civil cases as distinct from criminal cases , was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law recognizing and regulating contracts.
The type of procedure practised in common law courts is known as the adversarial system; this is also a development of the common law. Before the institutional stability imposed on England by William the Conqueror in , English residents, like those of many other societies, particularly the Germanic cultures of continental Europe, were governed by unwritten local customs that varied from community to community and were enforced in often arbitrary fashion.
For example, courts generally consisted of informal public assemblies that weighed conflicting claims in a case and, if unable to reach a decision, might require an accused to test guilt or innocence by carrying a red-hot iron or snatching a stone from a cauldron of boiling water or some other "test" of veracity trial by ordeal.
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Common Law And Marriage Essay words - 5 pages Common Law relationships are steadily increasing due to several precipitating events. Studies, ranging from the 's to 's, have proven that couples all over the world are choosing to live common law rather than committing themselves through the legal act of marriage. In the last hundred decades marriage was traditionally based upon the women staying home, raising children, while the man went out and earned a living to support the family. Sources of Common Law Essay words - 16 pages The question requires discussion of the sources of law in the United Kingdom hereinafter referred to as UK which comprises of common law, equity, legislation, European Union law and the European Convention on Human Rights.
Common Law and Equity Essay - A-Level Law - Marked by zosogidaxi.tk
But fusion is a prominent theme in equity today: it has become the means by which lawyers access the fundamental questions presented by equity in common law systems. What is the place of equity? Is it certain or open-ended? And so on.
Fusion and Theories of Equity in Common Law Systems
This chapter considers how a modern lawyer can best approach those questions. A wider perspecitve on fusion is needed than has recently prevailed, and a theory of equity is needed which the evidence lends itself to. The features of such a theory are identified, and the practical significance of fusion is discussed with specific reference to relief from forfeiture and modern writing on the law of restitution. Email your librarian or administrator to recommend adding this book to your organisation's collection.