The history of the Courts of Chancery and Equity

Running Head : Courts of Chancery and Equity

History of Courts of Chancery and Equity

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History of Courts of Chancery and Equity

Introduction

The present conducts an extensive research about the history of the courts of chancery and equity . It looks as back into the past as appears feasible for the purpose of comprehension of the . The first looks at the emergence of the courts of chancery in England then it investigate important episodes of that the court went through in the past . In

the later section the looks at the current state of the courts of chancery and equity as it is found in the United States of America and what development it has held up to the present day . The ends with a discussion with the background and present state of the court and also makes some recommendation for future requirement and needs regarding the jurisdiction of this court

Early History

According to the definition provided by the Encyclopedia Britannica Court of Chancery and Equity was the main court under the lord high chancellor which began its operation in the fifteenth century England The basic purpose of this legislative body was to provide remedies to the masses which they could not obtain in the courts of common law . By the fourteenth century England that the common-law courts came into firm establishment becoming the principal body of royal justice system . In those early days , these courts of common law had power to exercise wide range of jurisdictions so that the rules and frames of the common law could be brought into effect however , by this time their effectiveness had faded away mainly because by this time a number of rules had become highly rigid , technical , and artificial which naturally gave way to inflexibility and injustice and In civil cases the relief available was largely limited to payment of damages and to the recovery of the possession of land and chattels . As such , the court turned down extension and diversification of any kind in to meet the needs and wants of people living in a more complex society . It became the practice that the court overtly insisted on the letter of the law ' and thus failed to fairly address equity between the concerned parties . Thus dissatisfaction arose among people . One major reason for this dissatisfaction was that by the time of fifteenth century and mounting political turmoil , local lords had the power to pull strings : they bribed juries or even intimidated them to make their own ends meet and thus the courts s became a game . As a result , the disappointed litigants consulted to the King and the Council with their petition to seek justice . These petitions were submitted to the Lord Chancellor . By the fifteenth century , Lord Chancellor had started building up a series of impartial remedies . He backed up his operation with well defined policies . Not bound , unlike the judges of common-law , by precedent , Lord Chancellor entertained...