Business Law

EQUITY AND COMMON LAWUNDERTHE UK LEGAL SYSTEM2007The Creation of EquityPublic rightfulness holds the kin between the state and its citizens . It c everyplaces the areas of constitutional , administrative , and criminal right , as opposed to private law which covers the relationships of individuals towards each other(a) . Criminal law in particular may fill a wrongdoing against a fellow individual completely it is likewise a crime against the state , especially since received types of acts or omissions pose a serious threat to the non bad(predicate) of society . Thus , it br is considered non just a private crime but a crime against the integral communityOn the other hand , lawful rules of conduct may in like manner be classified not as private or public laws , but according to whether they general anatomy part of putting surface law or impartiality . at that place is a mark between these two well-grounded apprehensions which can be traced adventure to 1066 in English law when William of Normandy took over the crown of England at the Battle of Harrings Norman kings command with the help of the King s Council (Curia Legis , an manufacturing of powerful men which performed rudimentary legislative and judicial functions . From the concept of the Curia Legis , the lawcourts of Common Law eventually emerged by the end of the thirteenth vitamin C , sitting at Westminster . There was the Court of treasury which handled taxation disputes and other obliging cases , and the Court of Common Pleas which handled civil cases between citizens . The Court of King s work bench was besides accomplished , and it was by far the to the highest degree significant of the three courts . Its legal power extended over both(prenominal) civil and criminal cases age at the same succession su pervising activities of inferior courts . ! The most significant ease chthonic common law was the payoff of a writ with wide-ranging kinds of actions covered by different types of writs The writ system failed to act expediently to new and acclivitous types of actions .

For instance , if a desirable writ was not acquirable , an injured party could not allege any remedy even if he or she had a justified claim . The writ system was also very complicated , and flat to bias in save of powerful and influential citizens , propel the saying where there was no writ , there is no right (Glendon , Gordon and Osakwe , 1982 ,. 147Thus , a citizen or aggrieved party who was unable to buzz off a holding writ was left with no legal remedy low common law . Citizens thus began to entreaty the king for attention , with the Curia Regis and a committee specifically depute to hear these petitions . These hearings were presided over by a Chancellor , who by the 15th century , began hearing petitions on his own , leading(a) to the establishment of the Court of chancery . This court applied a body of rules different from the adjectival rules applied in the writ system . This body of laws was called equity The concept of equity has been depict as a rule kind of justice (Allen , 1964 ,. 409 ) and was...If you indispensability to get a extensive essay, order it on our website: BestEssayCheap.com

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