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common law also make by artificially and equity make atumetically
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What is common law and equity?
Common law is a body of legal precedent compiled by past court decisions. These decisions become the rules that common law judges use to decide legal disputes. Courts of equity provide a remedy when common law courts decide a case constitutes an inequitable situation. The common law court determines things are legally unbalanced between two parties; the court of equity provides equalizing relief. Equity to common law tends to reduce any injustice caused by the strict application of the common law and mitigates
When common law and equity conflicts what prevails what is the historical reson?
In cases where common law and equity conflict, equity prevails. This principle was established to ensure fairness and justice in legal disputes. It originated from the historical separation between courts of law and courts of equity in England, where equity developed to provide remedies when the strict application of common law would lead to injustice.
What is the difference between common law and sharia law?
Common law is civil law and the principles of common law are developed through fairness and equity. Modern legal codes are derived from common law principals. Modern common law treats all people the same and all have the same rights. Sharia law is religious law and an extension of extreme patriarchal control. It is not based on fairness and logic. Women do not have equal protection or rights under Sharia.
Which unwritten branch of law supplements the common law?
Equity law
What is the relationship between custom customary law and the rules of common law and equity?
Customary law refers to traditional norms and practices that govern behavior within specific communities, often operating alongside formal legal systems. Common law and equity are formal legal systems that originate from judicial decisions and principles, emphasizing consistency and fairness. While common law is based on precedent and statutory interpretation, equity seeks to address situations where strict application of the law would result in injustice. The relationship between these systems can be complex, as customary law may influence the development of common law and equity, particularly in jurisdictions that recognize and incorporate local customs into their legal frameworks.
what is the similarities and dissimilarities between common law and equity?
Common law and equity are both legal systems that originated in England, but they serve different purposes. Common law is based on judicial precedents and established statutes, focusing on legal principles and rigid rules, while equity emphasizes fairness and justice, providing remedies that are not available under common law. The two systems can overlap, but equity can intervene to offer solutions in cases where common law might lead to unjust outcomes. In modern legal systems, they are often integrated, with courts able to apply both principles to achieve fair results.
What happens when a court has no applicable statute?
1. What is the difference between common law and case law ?
'Equity is irrelevant in the modern world'Discuss?
Equity and common law existed after the norman conquest in 1066
What is equity law where did it come from?
Equity law is a system of law that developed in England to provide remedies that were not available under common law. It developed in the Court of Chancery, which was separate from the common law courts, to address situations where the strict application of common law rules led to injustice. Equity law is based on principles of fairness, justice, and conscience.
Difference between common-law partner and cohabiting partner?
Answer A common law relationship involves sex. A chohabiting relationship doesn't involve sex.
What has been the impact of modern equity on common law?
Modern equity has influenced common law by introducing principles of fairness and justice that may not be covered by traditional legal rules. This has led to a more flexible and equitable legal system that seeks to address individual circumstances and prevent injustices. Overall, the impact of modern equity on common law has been to create a more balanced and just legal framework.
What is the meaning of equity and trusts?
Equity is a set of legal principals following the English common law convention and mitigates common law allowing courts to use their discretion and trusts are people capable of disposing freely of their property to trustees in form of a will.
