Equity’s history

• What is the origin of equity?

  Equity emerged in the 15th century (1400 AD).
• How did Maitland define equity?

  Equity is the branch of law applied and administered by the Court of Chancery before the Judicature Acts 1873 and 1875.
• In which century did equity emerge?

  Equity emerged in the 15th century (1400 AD).
• What did equity originate in opposition to?

  Equity originated in opposition to the writ system.
• What were created as a result of equity's emergence?

  Chancery courts were created.
• How did equity begin and how did it develop over time?

  Equity began as an unwritten, highly flexible system of justice and developed its own system of courts, principles, and precedents.
• What are the key characteristics of equity?

  • Equity means different things.
  • Equity remedies the law’s defects.
  • Developed by Chancery Courts separate from common law courts.
  • Different from Common Law.
  • Flexible and discretionary.
  • Provides natural justice and fills the gaps.
• How did equity historically relate to common law?

  Equity ran alongside common law.
• What must be defined to understand equity?

  We must define what is the "Common Law".
• What are the three types of common law mentioned?

  1. Big common-law
  2. Common-law sources rather than statutes
  3. Common law vs equity
• What were the first written laws in Britain?

  Anglo-Saxon laws were the first written in Britain.
• What significant event occurred in 1066 AD regarding common law?

  William I’s invasion and subjugation of England created the common law.
• Why is it said that William I 'arguably' created the common law?

  Because the older Anglo-Saxon system and the ius commune concept from Rome influenced its development.
• What system did the Normans create after the conquest?

  The Normans created a system of feudalism.
• When did common law emerge according to Baker?

  Common law emerged in the twelfth century.
• To which reign can the early medieval common law principles and courts be traced?

  The reign of Henry II.
• What is the significance of the 15th century in relation to equity?

  It is when equity emerged.
• What was the purpose of developing equity?

  Equity was developed to fix what the common law couldn’t do.
• What is a common law writ system?

  • A written order in the king's name at the instance of the complaint.
  • Orders to appear before the Royal courts.
  • A complaint required a writ to obtain remedy.
  • No writ, no remedy.
  • Writs were highly formal and specific.
• What issues in common law led to the development of equity?

  The writ system was too specific and formal, uncertainties of jury trials, and the common law only offered damages as a remedy.
• Why might someone prefer an injunction over monetary payment in a legal dispute?

  Because they want the activity to stop rather than just receive monetary compensation.
• What was a significant flaw in the common law system?

  It was not equitable and lacked natural justice.
• What were some examples of issues in the common law system that led to the need for equity?

  • Judges preferred to suffer an injustice rather than create exceptions.
  • The utilitarian notion of 'greatest good for the greatest number'.
  • Example of debtor and creditor bond leading to double payment.
• What role did the monarch play in the beginning of equity?

  The monarch was used for non-archaic law intervention.
• How was the monarch's power limited over time?

  The monarch’s powers were limited by various due process legislation since the time of John I.
• What does the Magna Carta state regarding due process?

  No one should be deprived of life, liberty, or property save by due process of the law.
• What was the significance of the 1368 ruling regarding Chancery commissions?

  The justices at Chelmsford held void a Chancery commission to seize a man and his goods without due process.
• What was the conclusion regarding the monarch's authority in judicial matters?

  The king has committed all his judicial powers to the courts.
• What did King James I declare regarding conflicts between common law and equity?

  He declared that at times of conflict between common law and equity, 'equity prevails'.
• How did equity change after the Tudor period?

  • Equity began to establish consistent principles.
  • It underwent a "hardening" and became more like common law.
  • It formed its own rules and substantive doctrines in the 16th century.
• What irony is noted regarding equity's development?

  As equity started to harden, it began to have its own defects.
• What challenge did litigants face during the Victorian period regarding equity?

  Litigants had to decide whether their claim related to common law or equity.
• What does the fictional case of Jarndyce v Jarndyce in Dickens’ Bleak House illustrate?

  • It illustrates the complexities and issues of equity during the Victorian period.
  • It highlights the inefficiencies and frustrations of the Chancery system.
• What was the general trend in the 19th century regarding law?

  The trend was to centralize law and make it a product of the state.
• What was the purpose of the Judicature Act 1873-1875?

  It fused common law and equity in the Victorian period.
• What was the outcome of the Judicature Act 1873?

  It reorganized the courts and replaced the old system with a single High Court.
• How was equity applied after the Judicature Act 1873?

  Equity could be applied in any division of the new High Court.
• What was the primary method through which the state structured its legal system?

  Through legislation and the choice of common law.
• What was the focus of scrutiny regarding equity during the 19th century?

  Equity began to be scrutinised for its role and application in the legal system.
• What significant changes did H. Patrick Glenn argue occurred in the 19th century regarding law reform?

  European states began to centralise and secularise their legal systems.