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Legal equity: The Court of Chancery, in early 19th-century London.. In the field of jurisprudence, equity is the particular body of law, developed in the English Court of Chancery, [1] with the general purpose of providing legal remedies for cases wherein the common law is inflexible and cannot fairly resolve the disputed legal matter. [2]
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, responsive approach to the needs of the individual, inclined to take into account the parties' conduct and worthiness.
Dudley v Dudley (1705) Prec Ch 241; 24 ER 118 [1] is a 1705 case of the Court of Chancery commonly cited in textbooks on law for its statement on the nature of equity. [ 2 ] [ 3 ] [ 4 ] Lord Cowper , who gave the report, is sometimes misspelled as Lord Copper.
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 ...
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.
The law of trusts was constructed as a part of "Equity", a body of principles that arose in the Courts of Chancery, which sought to correct the strictness of the common law. The trust was an addition to the law of property , in the situation where one person held legal title to property but the courts decided it was fair just or "equitable ...
Meagher, Gummow & Lehane's Equity: Doctrines and Remedies is a scholarly legal text originally composed by three Australian judges, Roddy Meagher, William Gummow and John Lehane. It is the preeminent publication on Equity in both Australia [ 1 ] and England .
The Federal Equity Rules were court rules that, until 1938, governed civil procedure in suits of equity in federal courts.. The Rules were established by the United States Supreme Court which was authorized by the United States Congress to make rules governing the form of mesne process, form and mode of proceeding in suits of equity [1] and the power to proscribe form of process, mode of ...