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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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posted:1/11/2011
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