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Equity (law)

society Maturity 11-13 Next article →

Equity is a special way of making sure justice is fair. Sometimes, written laws are too strict or rigid. This can lead to results that do not seem right. Equity helps fix these problems by looking at the heart of a case. It provides solutions when the standard rules cannot help. This idea is used in many legal systems around the world today.

Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited
Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited

In the past, the English legal system had two different parts. The common law was used in royal courts like the King's Bench. These courts followed very specific rules called writs. If a person did not have the right writ, they could not get help. Common law courts mostly awarded money to fix a problem. Equity worked differently to offer more types of help. It could issue an injunction, which is a court order. An injunction tells someone to do something or stop doing something.

Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited
Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited

This system grew from a need for mercy in England. After the Norman Conquest in the 11th century, the King's courts grew very formal. By the 12th and 13th centuries, the writ system became very stiff. People who felt the law was unfair would petition the King. The King eventually asked the Lord Chancellor to hear these requests. The Chancellor was known as the Keeper of the King's Conscience. He tried to make sure the King was being fair to everyone.

Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited
Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited

Many early Chancellors were trained in religion or Roman law. They used the idea of conscience to decide what was right. In the 15th century, the Court of Chancery became a real court. It used the Roman idea of aequitas to guide its work. By the 16th century, the term equity was used more often. This helped people tell the difference between equity and common law. Some people even complained that the rules were not fixed enough. They felt the Chancellors had too much power to decide things.

Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited
Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited

Today, different countries treat equity in different ways. The Judicature Acts of the 1870s joined the two court systems in England. However, the actual rules of equity and common law stayed separate. In England, Australia, New Zealand, and Canada, equity is still distinct. Some places in the United States still have separate courts. For example, Delaware and Mississippi still have a Court of Chancery. Most of the U.S. federal system has merged them together.

Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited
Microcosm of London Plate 022 - Court of Chancery, Lincoln's Inn Hall edited
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