3
edits
Changes
common law forms of action
3. Common law as opposed to equity. That is, the law that applied in the former common law courts as opposed to that which applied in the former Court of Chancery. In England, the Judicature Act of 1873 created a new system which gave the courts both legal (common law) and equitable [[jurisdiction]].
3. Common law as opposed to equity. That is, the law that applied in the former common law courts as opposed to that which applied in the former Court of Chancery. In England, the Judicature Act of 1873 created a new system which gave the courts both legal (common law) and equitable [[jurisdiction]].
The strict definition of common law ("3" above) is best characterized by the theories, principles, and rules of law exhibited in litigation making use of the old English common law forms of action. In modern civil procedure, actions at law are brought by making filings creating a civil action "in the nature of" one or more of the common law forms of action. These common law actions include:
1. The diverse [[Real Actions]] of the Old Common Law.
2. [[Ejectment]]. The more modern consolidated real action. For Recovery of possession of realty.
3. [[Debt]]. Recovery of debts fixed or ascertainable in amount, under seal, or contracted for such as by purchase of goods and services on credit.
4. [[Covenant]]. For breach of certain express written contractual obligations where the values involved are in dispute and must be proven and found at trial.
5. [[Detinue]]. Recovery of personal property after trial, or amount of damages.
6. [[Replevin]]. A form of action where personal property may be recovered pre-trial if plaintiff assumes risk of losing trial by making a legal bond in favor of the defendant if the defendant should win at trial. [[Detinue]] and [[Replevin]] are good examples showing the constitutional requirements for pre-trial attachments of assets in general.
7. [[Trover]]. Recovery of damages for lost or converted personal property.
8. [[Trespass on the Case]]. Recovery of damages for diverse tort injuries.
9. [[Assumpsit]]. Recovery of debts, especially debts arising under theories that may imply the creation of a debt without expression or without privity of contract, such as theories of subrogation, quasi-contract, novation, assignment, and assumption.
==Relationship to Islamic law==
==Relationship to Islamic law==