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Equity The Development of Equity “Mechanical” jurisprudence “formalism” -– people might lose a case because of a technicality (e.g., suing for an injunction instead of damages) (e.g., pleading wasn’t in the right form) -- the precedent says “no,” so its no. Equity The Development of Equity Courts of Equity Court of Chancery (1474) -– the “keepers of the King’s conscience” -- staffed by clergy (priest) -- applied general standards of fairness rather than legalistic formalism – could overrule the common law courts. (essentially, the development of a second set of “common laws”) Equity The Development of Equity -– Hence the saying, “I violated the rule for reasons of equity” (e.g., syllabus example) Explain the way it is today: -– Legal and equitable rules were merged into one court system. There is no longer two different court systems (law and equity) -- there are, however, legal and equitable relief. You just seek both under one house.
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