Difference between revisions of "Equity"
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'''Equity''' is the law that developed in [[England]] in the [[Court of Chancery]] prior to 1873 (at which point the [[Judicature Act]] gave the courts jurisdiction in both common law and equity). It developed largely as a reaction to the strict rules enforced in the [[common law]] courts. Although initially more flexible than the common law (thus prompting the famous remark by [[John Selden]] that “Equity varies with the length of the Chancellor’s foot”) equity has become more fixed over time. | '''Equity''' is the law that developed in [[England]] in the [[Court of Chancery]] prior to 1873 (at which point the [[Judicature Act]] gave the courts jurisdiction in both common law and equity). It developed largely as a reaction to the strict rules enforced in the [[common law]] courts. Although initially more flexible than the common law (thus prompting the famous remark by [[John Selden]] that “Equity varies with the length of the Chancellor’s foot”) equity has become more fixed over time. | ||
| − | In the [[United States]] the [[Federal government]] and most of the [[State government]]s have merged their equitable and common law courts. | + | In the [[United States]] the [[Federal government]] and most of the [[State government]]s have merged their equitable and common law courts. But principles of '''equity''' remain very important in many legal doctrines, such distinguishing when a [[plaintiff]] has a right to a jury under the [[U.S. Constitution]]. |
[[Category:Law]] | [[Category:Law]] | ||
Revision as of 18:39, November 18, 2007
Equity is the law that developed in England in the Court of Chancery prior to 1873 (at which point the Judicature Act gave the courts jurisdiction in both common law and equity). It developed largely as a reaction to the strict rules enforced in the common law courts. Although initially more flexible than the common law (thus prompting the famous remark by John Selden that “Equity varies with the length of the Chancellor’s foot”) equity has become more fixed over time.
In the United States the Federal government and most of the State governments have merged their equitable and common law courts. But principles of equity remain very important in many legal doctrines, such distinguishing when a plaintiff has a right to a jury under the U.S. Constitution.