Explain how Equity came into English law and discuss its roles in todays legal system. Do you consider judges...

During his reign, Henry II essential the judicial judicial judicial writ frame. Nowadays a writ is equivalent to filling in a claims form. A writ was a olympian want or garner to attend woo and it had the effect of centralise the jurisdiction of the courts. At an primaeval stage in slope Common virtue a writ was necessary to postulate a reference heard at a royal court. If a mortal wished to start an action it was necessary to restrain a writ from the world powers Chancellor. A writ would be purchased from the chancery and the woo of Exchequer was alike able to issue its suffer writs. New writs could be drafted to explosion new situations; however clerks of the court of chancery usually re used old forms. Eventually at that place became an change magnitude opposition to creating new writs from the chancery. This lead to the creation of the provide of Oxford in 1258, this prohibited the creation of new forms of writ without the stock visage of the Kings Counc il. Forms of action were the different procedures by which a legal claim could be made in the primordial history of English Common Law. In 1822 and 1833 the forms of action were abolished union that only one uniform writ was used. The writ constitution could only be issued for particular forms of actions. If there was no writ for a particular complaint, or one could not be adapted then no action was taken.

In cases were no writ was issued appeals were made directly to the King. The King would then seat to work decisions on the facts of the case. The estimate of appeals grew in number so the King passed them to his Lord Chancellor. The decision made was usually base on conscience and natural justice rather than the law. As! the number of appeals continued to increase a Chancery court (The Court of beauteousness) was established to her them. Often decisions made by the Chancery Court conflicted with decisions made by Common Law courts. pile I ruled that in cases of contrary decisions, equity should prevail. Equity was developed through appeals and complaints to the King of the harsh and inflexible governing body of...If you emergency to get a full essay, order it on our website: OrderEssay.net

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