Search results
Results from the WOW.Com Content Network
The Chancery came to prominence after the decline of the Exchequer, dealing with the law of equity, something more fluid and adaptable than the common law.The early Court of Chancery dealt with verbal contracts, matters of land law and matters of trusts, and had a very liberal view when setting aside complaints; poverty, for example, was an acceptable reason to cancel a contract or obligation. [9]
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and ...
Uses were a matter of good conscience, it was the Court of Chancery, however, it was suited to pick up the mantle of enforcing the cestui que use's moral right, creating the modern trust in the process. It is impossible to date the exact time at which the Chancery began enforcing uses, "but it was well established by the 1420s". [12]
Earl of Oxford's case (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law.. The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers[e] and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some ...
A prerogative court is a court through which the discretionary powers, privileges, and legal immunities reserved to the sovereign were exercised. In England in the 17th century, a clash developed between these courts, representing the crown's authority, and common law courts .
The Office was in Chancery Lane, near the Holborn end. The business of the office was to enrol commissions, pardons, patents, warrants, etc., that had passed the Great Seal in addition to other business in Chancery. In the early history of the Court of Chancery, the Six Clerks and their under-clerks appear to have acted as the attorneys of the ...
That was never more evident than in 1954, when the Supreme Court struck down segregation in public education in Brown v. Board of Education , then watched Southern states engage in years of defiance. But Americans have come generally to believe that court decisions should be obeyed, even amid sharp disagreement.
Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. [4] In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies.