Equity Help Sheet
Download as docx, pdf0 likes365 views
Equity developed as a separate system from Common Law to address its rigid adherence to precedent that sometimes resulted in unfair decisions or unsuitable remedies. Equity used flexible rules and maxims to ensure fairness and justice in legal judgments. It recognized additional remedies beyond monetary damages alone, such as injunctions and orders for specific performance. Over time, Equity developed its own principles and case law, though remained focused on fairness, and eventually merged procedures with Common Law while maintaining precedence in cases of conflict.
1 of 1
Download to read offline
Ad
Recommended
Equity Help Sheet
Equity Help Sheetthorogl01
油
Equity developed as an alternative system to the common law to address its rigid adherence to precedent that sometimes resulted in unfair decisions or unsuitable remedies. Equity courts were not bound by stare decisis and instead focused on fairness and justice. Over time, equity established its own principles and remedies like injunctions, specific performance orders, and rectification to provide relief beyond monetary damages. While tensions existed between common law and equity, the Judicature Acts of 1873-75 merged them in the courts with equity prevailing in conflicts to ensure fairness in legal judgments.Access To Justice 2
Access To Justice 2thorogl01
油
The document discusses access to legal aid and assistance in the UK. It outlines different types of legal help available through programs like the Community Legal Service, including legal advice, help preventing disputes, and legal representation. It also discusses eligibility criteria like means testing and priority being given to cases involving children or human rights. Funding decisions consider the cost and public interest, and merits of a case like the likelihood of success.Access To Justice 3
Access To Justice 3thorogl01
油
The document discusses conditional fee arrangements (CFAs) which were introduced in 1995 and will replace legal aid for personal injury cases except medical negligence. It examines how CFAs work, including success fees of up to 100% that the losing party must pay. While CFAs have increased access to justice for some, research also found they have not benefited the poorest clients and some cases have fees well above 100%.Improving access to justice for vulnerable and intimidated victims: Analysing...
Improving access to justice for vulnerable and intimidated victims: Analysing...Louise Taylor
油
The document analyzes the impact of the EU Victims Directive on improving access to justice for vulnerable and intimidated victims within the English legal system. It highlights inadequacies in current provisions for crime victims, emphasizing the need for a more structured approach to their rights and support as outlined in the directive. While English law has some alignments with the directive, there are concerns regarding the exploitation of discretionary language and resource targeting that may hinder comprehensive aid for all victims.Cases For Equity
Cases For Equitythorogl01
油
This document lists several legal cases related to equity: Benke v Bede Shipping (1927), Argyll Stores v Co-op Insurance society (1997), Scandinavian Trading Tanker Co AB v Flota Petrolera Ecuatoriana (1983), Sport International Bussum BV v Inter-Footwear Ltd (1984), P & O v Nedlloyd (2006), and Great Peace Shipping Led v Tsavliris Salvage (International) Ltd (2002).Access To Justice 2
Access To Justice 2thorogl01
油
The document discusses access to legal aid and assistance in the UK. It outlines different types of legal help available through the Legal Services Commission and Community Legal Service, including legal advice, help at court, and legal representation. It also discusses eligibility criteria like means testing and funding priorities. People may be eligible for legal aid if they meet certain income and asset thresholds. The prospects of success in a case must be reasonably good for full legal representation to be approved.Development Of Common Law
Development Of Common Lawthorogl01
油
The document provides historical context on the development of common law and equity in England. It explains that different legal systems existed in different areas before the Norman Conquest, and William the Conqueror began standardizing English law. By the 13th century, a common law had developed across the country. Dissatisfied with rigid common law, petitioners took cases to the Chancellor, establishing the Court of Chancery and principles of equity. Over time, equity developed its own precedents and maxims until the Judicature Acts merged the administration of common law and equity in the late 19th century.Development Of Common Law
Development Of Common Lawthorogl01
油
The document provides historical context on the development of common law and equity in England. It explains that different legal systems existed in different areas before the Norman Conquest in 1066. William the Conqueror established a centralized government and began standardizing laws. By 1250, a common law had been produced to rule the entire country. Dissatisfied with rigid common law, petitioners took cases to the King's Chancellor, establishing the Court of Chancery and principles of equity. Over time, equity developed its own precedents and maxims until the Judicature Acts of 1873-75 merged the administration of common law and equity in the court system.2.1 british common law
2.1 british common lawAlisa Stephens
油
Common law originated in England and is now used in countries like Australia, Canada, New Zealand, and the United States. It is based on legal principles developed from past rulings by judges rather than laws made by parliament. Judges must follow statute laws but can interpret them and fill in gaps using common law principles. In Australia, common law developed further after British colonization, with judges traveling circuits to maintain consistent rulings. Equity later developed to remedy unfairness in common law and was administered by the Court of Chancery using moral principles. By the late 1800s, common law and equity were combined in the court system.2.1 sources of law british common law
2.1 sources of law british common lawAlisa Stephens
油
Common law originated in England and has spread to other countries like Australia. It is law developed by judges through precedents set in past cases, rather than law made by parliament. Judges must follow statutes but can interpret them and fill gaps using common law principles. Over time, as more cases were decided, a system of precedent developed where judges are bound by past decisions of higher courts. Equity later developed to provide remedies where common law was deficient, using moral principles of fairness. Both legal systems now coexist in Australia with precedent and equity considered together. The adversarial system used in common law involves opposing sides arguing their case before a neutral decision maker.12th lecture
12th lectureMunir Hussain
油
Equity originated in England as a body of law separate from common law that was designed to supplement, aid, or override common law to protect rights and enforce duties. Common law was rigid and lacked certain remedies or provided inadequate remedies. In the 13th century, people began petitioning the King for relief, leading to the establishment of the Court of Chancery overseen by the Lord Chancellor. The Chancellor administered justice according to natural law principles of fairness. Over time, the principles and rules developed in Chancery became known as equity. By the late 19th century, common law courts and chancery were merged into a unified court system through the Judicature Acts.Fusion of Equity and Common Law
Fusion of Equity and Common LawPreeti Sikder
油
The document discusses the historical evolution of equity and common law, detailing how the role of the chancellor transformed over time, from ecclesiastics to common lawyers, which facilitated the systematization of equity. It highlights the issues arising from the separate courts of common law and equity, including the inefficiencies in granting complete relief to parties. The ultimate amalgamation of these courts into the Supreme Court of Judicature in the 19th century allowed for the concurrent application of law and equity, while still maintaining distinct rules, with equity taking precedence in the event of a conflict.Cape law
Cape lawAnthony Meade
油
The common law of England developed over hundreds of years beginning with Anglo-Saxon customs and was impacted by the Norman conquest in 1066. Prior to the conquest, there was no unified national legal system and law was local custom. William the Conqueror developed a centralized administration and law. Gradually, common law courts like the Courts of Exchequer, Common Pleas, and King's Bench developed with their own procedures and rules. When plaintiffs could not access these courts, they appealed to the Lord Chancellor, leading to the creation of the Court of Chancery applying equity principles. The Judicature Acts of 1873-1874 established a unified court system applying both common law and equity. Common law refers to law developed by judicialIntroduction to law and legal
Introduction to law and legalMayank Sharma
油
This document discusses four major schools of jurisprudential thought: natural law, positivism, historical, and legal realism. It also outlines the major sources of American law including constitutions, statutes, regulations, case law, and common law. Common law originated in England and was based on traditions and past cases. Under common law, separate courts of law and equity provided different types of legal remedies. While separate historically, modern U.S. courts now provide both legal and equitable remedies. Courts rely on precedent through stare decisis to promote consistency and predictability in legal decisions.Critically Examine The Fusion Debate
Critically Examine The Fusion Debatesurrenderyourthrone
油
The document is a law student's assignment that critically examines the fusion debate between equity and common law in England. It discusses how the Judicature Acts of 1873 and 1875 merged the courts of equity and common law, though some argue this was only administratively and the two systems remain distinct. The assignment also explores the historical development of equity, key cases that established its relationship to common law, and maxims of equity like "equity follows the law." It concludes there is still debate around the appropriate relationship between equity and common law going forward.1. history
1. historyKingnabalu
油
The historical development of equity began in England with petitioners seeking relief from the King when the rigid common law system failed to provide justice. The King delegated these petitions to the Lord Chancellor, who had broad discretion to provide equitable remedies based on fairness. Over time, the Court of Chancery developed as a separate court administering these equitable principles. While equity and common law conflicted at times, the Judicature Acts of 1873-1875 unified the courts and required equitable principles to prevail where conflicts arose between equity and common law.Development of equity (Topic 1)
Development of equity (Topic 1)undergraduate student at International Islamic University Malaysia
油
The document discusses the significance of seeking knowledge in Islam, emphasizing that those who pursue knowledge are honored and supported by divine and celestial beings. It also outlines the history and development of equity law, defining it as a system that provides justice and fairness, supplementing common law and addressing its inadequacies. Additionally, it covers the evolution of the court system concerning equity, highlighting the transition toward a fused legal system with a unified administration of law and equity.1. equity
1. equityFAROUQ
油
The document traces the origins and evolution of equity jurisdiction in England from individuals petitioning the King for relief, to the rise of the Court of Chancery under1. equity
1. equityFAROUQ
油
The document traces the origins and evolution of equity jurisdiction in England from individuals petitioning the King for relief, to the rise of the Court of ChWs 1 history of equity
Ws 1 history of equityJackie Willoughby
油
Equity originated as a mitigation to the harshness and rigidity of common law. It was originally administered by the King's Council to provide remedies based on justice and fairness. Over time, as legal strife increased, equity developed further through the Court of Chancery, where the Lord Chancellor would make rulings based on his conscience on behalf of the King. Key contributions of equity include new rights, remedies, and procedural devices that supplemented and complemented the common law.Law and Justice Chapter 2 power point
Law and Justice Chapter 2 power pointmckenziewood
油
This document discusses different perspectives on the concept of justice. It begins by examining dictionary definitions of justice provided by Aristotle and others. It then explores the concepts of distributive justice, which concerns how resources are allocated, and retributive justice, which deals with determining guilt, innocence, and punishment. The document also discusses perspectives on the natural basis of law and justice, problems with defining justice, and models of the criminal justice system prioritizing either due process or crime control.Class 1 the nature-of_law[1]
Class 1 the nature-of_law[1]rjoannie
油
This document provides an overview of the nature of law. It defines law and discusses the classification of law into public law, which governs the relationship between citizens and the state, and private law, which governs relationships between individuals. Within public law it outlines areas like constitutional law, administrative law, and criminal law. It then explains civil and criminal law in more detail. The document also discusses the common law system and how equity developed to complement common law. It concludes by outlining sources of legal change and how legislation is made in the UK.Presentation on historical background of equity by waqas balouch
Presentation on historical background of equity by waqas balouchWaqas A.K Balouch
油
This document provides a historical overview of the development of equity from its origins in Islamic law and early English common law. It discusses how equity emerged to supplement the common law system, beginning in the Court of Chancery. Key figures like Henry II, Lord Nottingham, Lord Hardwicke, and Lord Eldon helped systematize equity into an established body of law. The Judicature Acts of 1873 and 1875 merged the separate courts of law and equity into a single Supreme Court with unified jurisdiction over both legal and equitable claims.Maxims of equity
Maxims of equityManiyali Abdul Rahim
油
This document discusses maxims of equity, principles applied by courts of equity to decide cases. It explains two key maxims: "Equity will not assist a volunteer", meaning equity will not help someone who voluntarily provides a benefit without request; and "Equity acts in personam", referring to courts of equity having power over individuals through contempt rather than property rights like courts of law. An example is provided of how these maxims apply to preventing an improver from recovering costs from a homeowner for an unrequested improvement.Concept of justice , law and justice orderand morality.pptx
Concept of justice , law and justice orderand morality.pptxAkhileshPatro6
油
The document discusses the relationship between law, justice, and morality, emphasizing that law is designed to uphold justice through distributive and corrective mechanisms. It argues that without morality, law lacks its essential purpose and cannot meaningfully support human dignity and ethical living. Ultimately, the text asserts that law serves to maintain societal stability and facilitate peaceful change, deeply intertwined with the concepts of justice and morality.UCC LAW 101 Lecture 1 (2).ppt
UCC LAW 101 Lecture 1 (2).pptCarl Davis
油
This document discusses the key concepts of law and the legal system. It begins by defining law and examining the need for laws in society. It then explores the sources of law, including formal sources like statutes and informal sources like customs. It analyzes the main legal sources - the constitution, customs, judicial precedent, legislation, and European law. It also distinguishes between public and private law. The document concludes by examining the characteristics of English common law, such as the doctrine of precedent and absence of codification.Chapter 2 power point
Chapter 2 power pointmckenziewood
油
Justice involves treating people equally according to their merits and circumstances. There are different theories about the origins and relationship between justice and law. Justice may come from natural law, evolution, or moral outrage at unfairness. While law and justice are not identical, laws should aim to conform with justice. Due process rights developed to ensure fair treatment under the law.Cases For Equity
Cases For Equitythorogl01
油
This document lists several legal cases related to equity: Benke v Bede Shipping (1927), Argyll Stores v Co-op Insurance society (1997), Scandinavian Trading Tanker Co AB v Flota Petrolera Ecuatoriana (1983), Sport International Bussum BV v Inter-Footwear Ltd (1984), P & O v Nedlloyd (2006), and Great Peace Shipping Led v Tsavliris Salvage (International) Ltd (2002).Criminal Process 3 - Role Of The Media
Criminal Process 3 - Role Of The Mediathorogl01
油
This document discusses several criticisms of and proposed reforms to the UK criminal justice system. It examines issues such as the admission of prior convictions as evidence, the sufficiency of confession alone for conviction, the role of expert witnesses, racism in prosecution and courts, problems with the Crown Prosecution Service, disclosure failures, cracked and ineffective trials, challenges with victims and witnesses, the role of the media, and calls for an overall rethinking of the criminal justice system.More Related Content
Similar to Equity Help Sheet (20)
2.1 british common law
2.1 british common lawAlisa Stephens
油
Common law originated in England and is now used in countries like Australia, Canada, New Zealand, and the United States. It is based on legal principles developed from past rulings by judges rather than laws made by parliament. Judges must follow statute laws but can interpret them and fill in gaps using common law principles. In Australia, common law developed further after British colonization, with judges traveling circuits to maintain consistent rulings. Equity later developed to remedy unfairness in common law and was administered by the Court of Chancery using moral principles. By the late 1800s, common law and equity were combined in the court system.2.1 sources of law british common law
2.1 sources of law british common lawAlisa Stephens
油
Common law originated in England and has spread to other countries like Australia. It is law developed by judges through precedents set in past cases, rather than law made by parliament. Judges must follow statutes but can interpret them and fill gaps using common law principles. Over time, as more cases were decided, a system of precedent developed where judges are bound by past decisions of higher courts. Equity later developed to provide remedies where common law was deficient, using moral principles of fairness. Both legal systems now coexist in Australia with precedent and equity considered together. The adversarial system used in common law involves opposing sides arguing their case before a neutral decision maker.12th lecture
12th lectureMunir Hussain
油
Equity originated in England as a body of law separate from common law that was designed to supplement, aid, or override common law to protect rights and enforce duties. Common law was rigid and lacked certain remedies or provided inadequate remedies. In the 13th century, people began petitioning the King for relief, leading to the establishment of the Court of Chancery overseen by the Lord Chancellor. The Chancellor administered justice according to natural law principles of fairness. Over time, the principles and rules developed in Chancery became known as equity. By the late 19th century, common law courts and chancery were merged into a unified court system through the Judicature Acts.Fusion of Equity and Common Law
Fusion of Equity and Common LawPreeti Sikder
油
The document discusses the historical evolution of equity and common law, detailing how the role of the chancellor transformed over time, from ecclesiastics to common lawyers, which facilitated the systematization of equity. It highlights the issues arising from the separate courts of common law and equity, including the inefficiencies in granting complete relief to parties. The ultimate amalgamation of these courts into the Supreme Court of Judicature in the 19th century allowed for the concurrent application of law and equity, while still maintaining distinct rules, with equity taking precedence in the event of a conflict.Cape law
Cape lawAnthony Meade
油
The common law of England developed over hundreds of years beginning with Anglo-Saxon customs and was impacted by the Norman conquest in 1066. Prior to the conquest, there was no unified national legal system and law was local custom. William the Conqueror developed a centralized administration and law. Gradually, common law courts like the Courts of Exchequer, Common Pleas, and King's Bench developed with their own procedures and rules. When plaintiffs could not access these courts, they appealed to the Lord Chancellor, leading to the creation of the Court of Chancery applying equity principles. The Judicature Acts of 1873-1874 established a unified court system applying both common law and equity. Common law refers to law developed by judicialIntroduction to law and legal
Introduction to law and legalMayank Sharma
油
This document discusses four major schools of jurisprudential thought: natural law, positivism, historical, and legal realism. It also outlines the major sources of American law including constitutions, statutes, regulations, case law, and common law. Common law originated in England and was based on traditions and past cases. Under common law, separate courts of law and equity provided different types of legal remedies. While separate historically, modern U.S. courts now provide both legal and equitable remedies. Courts rely on precedent through stare decisis to promote consistency and predictability in legal decisions.Critically Examine The Fusion Debate
Critically Examine The Fusion Debatesurrenderyourthrone
油
The document is a law student's assignment that critically examines the fusion debate between equity and common law in England. It discusses how the Judicature Acts of 1873 and 1875 merged the courts of equity and common law, though some argue this was only administratively and the two systems remain distinct. The assignment also explores the historical development of equity, key cases that established its relationship to common law, and maxims of equity like "equity follows the law." It concludes there is still debate around the appropriate relationship between equity and common law going forward.1. history
1. historyKingnabalu
油
The historical development of equity began in England with petitioners seeking relief from the King when the rigid common law system failed to provide justice. The King delegated these petitions to the Lord Chancellor, who had broad discretion to provide equitable remedies based on fairness. Over time, the Court of Chancery developed as a separate court administering these equitable principles. While equity and common law conflicted at times, the Judicature Acts of 1873-1875 unified the courts and required equitable principles to prevail where conflicts arose between equity and common law.Development of equity (Topic 1)
Development of equity (Topic 1)undergraduate student at International Islamic University Malaysia
油
The document discusses the significance of seeking knowledge in Islam, emphasizing that those who pursue knowledge are honored and supported by divine and celestial beings. It also outlines the history and development of equity law, defining it as a system that provides justice and fairness, supplementing common law and addressing its inadequacies. Additionally, it covers the evolution of the court system concerning equity, highlighting the transition toward a fused legal system with a unified administration of law and equity.1. equity
1. equityFAROUQ
油
The document traces the origins and evolution of equity jurisdiction in England from individuals petitioning the King for relief, to the rise of the Court of Chancery under1. equity
1. equityFAROUQ
油
The document traces the origins and evolution of equity jurisdiction in England from individuals petitioning the King for relief, to the rise of the Court of ChWs 1 history of equity
Ws 1 history of equityJackie Willoughby
油
Equity originated as a mitigation to the harshness and rigidity of common law. It was originally administered by the King's Council to provide remedies based on justice and fairness. Over time, as legal strife increased, equity developed further through the Court of Chancery, where the Lord Chancellor would make rulings based on his conscience on behalf of the King. Key contributions of equity include new rights, remedies, and procedural devices that supplemented and complemented the common law.Law and Justice Chapter 2 power point
Law and Justice Chapter 2 power pointmckenziewood
油
This document discusses different perspectives on the concept of justice. It begins by examining dictionary definitions of justice provided by Aristotle and others. It then explores the concepts of distributive justice, which concerns how resources are allocated, and retributive justice, which deals with determining guilt, innocence, and punishment. The document also discusses perspectives on the natural basis of law and justice, problems with defining justice, and models of the criminal justice system prioritizing either due process or crime control.Class 1 the nature-of_law[1]
Class 1 the nature-of_law[1]rjoannie
油
This document provides an overview of the nature of law. It defines law and discusses the classification of law into public law, which governs the relationship between citizens and the state, and private law, which governs relationships between individuals. Within public law it outlines areas like constitutional law, administrative law, and criminal law. It then explains civil and criminal law in more detail. The document also discusses the common law system and how equity developed to complement common law. It concludes by outlining sources of legal change and how legislation is made in the UK.Presentation on historical background of equity by waqas balouch
Presentation on historical background of equity by waqas balouchWaqas A.K Balouch
油
This document provides a historical overview of the development of equity from its origins in Islamic law and early English common law. It discusses how equity emerged to supplement the common law system, beginning in the Court of Chancery. Key figures like Henry II, Lord Nottingham, Lord Hardwicke, and Lord Eldon helped systematize equity into an established body of law. The Judicature Acts of 1873 and 1875 merged the separate courts of law and equity into a single Supreme Court with unified jurisdiction over both legal and equitable claims.Maxims of equity
Maxims of equityManiyali Abdul Rahim
油
This document discusses maxims of equity, principles applied by courts of equity to decide cases. It explains two key maxims: "Equity will not assist a volunteer", meaning equity will not help someone who voluntarily provides a benefit without request; and "Equity acts in personam", referring to courts of equity having power over individuals through contempt rather than property rights like courts of law. An example is provided of how these maxims apply to preventing an improver from recovering costs from a homeowner for an unrequested improvement.Concept of justice , law and justice orderand morality.pptx
Concept of justice , law and justice orderand morality.pptxAkhileshPatro6
油
The document discusses the relationship between law, justice, and morality, emphasizing that law is designed to uphold justice through distributive and corrective mechanisms. It argues that without morality, law lacks its essential purpose and cannot meaningfully support human dignity and ethical living. Ultimately, the text asserts that law serves to maintain societal stability and facilitate peaceful change, deeply intertwined with the concepts of justice and morality.UCC LAW 101 Lecture 1 (2).ppt
UCC LAW 101 Lecture 1 (2).pptCarl Davis
油
This document discusses the key concepts of law and the legal system. It begins by defining law and examining the need for laws in society. It then explores the sources of law, including formal sources like statutes and informal sources like customs. It analyzes the main legal sources - the constitution, customs, judicial precedent, legislation, and European law. It also distinguishes between public and private law. The document concludes by examining the characteristics of English common law, such as the doctrine of precedent and absence of codification.Chapter 2 power point
Chapter 2 power pointmckenziewood
油
Justice involves treating people equally according to their merits and circumstances. There are different theories about the origins and relationship between justice and law. Justice may come from natural law, evolution, or moral outrage at unfairness. While law and justice are not identical, laws should aim to conform with justice. Due process rights developed to ensure fair treatment under the law.More from thorogl01 (18)
Cases For Equity
Cases For Equitythorogl01
油
This document lists several legal cases related to equity: Benke v Bede Shipping (1927), Argyll Stores v Co-op Insurance society (1997), Scandinavian Trading Tanker Co AB v Flota Petrolera Ecuatoriana (1983), Sport International Bussum BV v Inter-Footwear Ltd (1984), P & O v Nedlloyd (2006), and Great Peace Shipping Led v Tsavliris Salvage (International) Ltd (2002).Criminal Process 3 - Role Of The Media
Criminal Process 3 - Role Of The Mediathorogl01
油
This document discusses several criticisms of and proposed reforms to the UK criminal justice system. It examines issues such as the admission of prior convictions as evidence, the sufficiency of confession alone for conviction, the role of expert witnesses, racism in prosecution and courts, problems with the Crown Prosecution Service, disclosure failures, cracked and ineffective trials, challenges with victims and witnesses, the role of the media, and calls for an overall rethinking of the criminal justice system.Statutory Interpretation 2
Statutory Interpretation 2thorogl01
油
The document discusses statutory interpretation and the three rules of interpretation used by courts: the literal rule, which involves giving words their plain meaning; the golden rule, which modifies the literal rule to avoid absurd results; and the mischief rule, which involves determining the mischief a statute was meant to remedy. It provides examples of cases that illustrate the application of the literal and golden rules and discusses the advantages and disadvantages of each.Statutory Interpretation 4
Statutory Interpretation 4thorogl01
油
This document discusses statutory interpretation and aids to interpretation. It begins by outlining the objectives and providing examples of types of statutory interpretation rules. It then discusses internal aids to interpretation, including examining the statute, long title, preamble, headings, schedules, explanatory notes, and presumptions. It also discusses rules of language used in interpretation like ejusden generis. External aids discussed include dictionaries, law commission reports, historical setting, treaties, and Hansard. The effect of the Human Rights Act 1998 and precedent on statutory interpretation is also examined. Students are then asked to think about teaching this topic, including activities, checks for understanding, and starter/plenary ideas. The next period's task is to complete a worksheet using textbooksStatutory Interpretation 3
Statutory Interpretation 3thorogl01
油
This document discusses statutory interpretation and two approaches: the mischief rule and purposive approach. The mischief rule examines what problem an act was meant to address by considering prior common law, the reasons for the act, and remedies proposed. The purposive approach looks beyond problems to an act's overall social purpose. The document outlines important cases that illustrate these approaches, including Heydon's Case, Jones v. Wrotham Park, and Royal College of Nursing v. DHSS. It also notes advantages, disadvantages, and limitations of the mischief rule.Introduction to Statutory Interpretation
Introduction to Statutory Interpretationthorogl01
油
The document discusses statutory interpretation, which is the process of interpreting and applying legislation. It explains that judges, lawyers, and law students need to interpret statutes when deciding cases or advising clients. Statutory interpretation is necessary due to ambiguities, broad language, or unforeseen situations. The document contrasts the literal approach, which focuses strictly on the wording, and the purposive approach, which considers legislative intent, with the purposive approach being more common in Europe.Sentencing
Sentencingthorogl01
油
The purposes of sentencing in the UK criminal justice system are:
(1) Punishment of offenders, (2) Reduction of crime through deterrence, (3) Reform and rehabilitation of offenders, (4) Protection of the public, and (5) Making reparation by offenders to victims. Specific and general deterrence aim to deter individuals and the general public from committing crimes through fear of punishment. Other aims include incapacitation of offenders, retribution that sees offenders receive their "just deserts", and denunciation of criminal behavior by society.Access To Justice
Access To Justicethorogl01
油
This document discusses access to justice and legal aid in the UK. It provides:
1) A brief history of legal aid in the UK from 1949 to 1999, when the system developed from one initial state-funded scheme to six different schemes administered by the Legal Aid Board, with increasing costs over time.
2) An overview of the legal aid system before 1999, including the six schemes that covered legal advice, assistance and representation, and the problems that arose around eligibility, underfunding, fraud and standards.
3) An introduction to alternative sources of legal advice like Citizens Advice Bureaus and law centers.
4) Details on the Access to Justice Act 1999, which replaced the old legal aidAccess To Justice 2
Access To Justice 2thorogl01
油
The Community Legal Service provides different types of legal assistance for civil matters like legal advice, help resolving disputes, and help with legal proceedings. It was established under the Access to Justice Act of 1999 and is managed by the Legal Services Commission. Means testing is used to determine financial eligibility, taking into account an applicant's disposable income and capital assets. The prospects of success and costs/benefits are also considered when deciding whether to fund a legal case.Aims Of Sentencing
Aims Of Sentencingthorogl01
油
The document discusses the main aims and theories of sentencing in criminal law. It outlines five main purposes of sentencing according to statute: punishment, crime reduction through deterrence, reform and rehabilitation of offenders, protection of the public, and reparation. It then examines six main sentencing philosophies in more depth: retribution, deterrence, reform/rehabilitation, protection of the public, reparation, and denunciation. Specific examples are provided for each philosophy.Human Rights
Human Rightsthorogl01
油
The document discusses human rights in Europe. It explains that the European Convention on Human Rights was created after World War II to prevent future human rights abuses and includes a list of rights for European citizens. It established the European Court of Human Rights to handle complaints about human rights violations. However, countries can choose whether to incorporate the Convention's provisions into their own domestic laws, which determines whether potential human rights cases are handled in domestic or European courts. The UK differs from other European nations in that it does not have a codified Bill of Rights.Civil Law Damages
Civil Law Damagesthorogl01
油
Damages are monetary compensation awarded to an injured party in a civil lawsuit. There are several types of damages including special damages for specific losses, nominal damages for infringed rights with no actual loss, exemplary or punitive damages intended to punish defendants, and general damages for harms that cannot be itemized like pain and suffering. Equitable remedies in contracts may include specific performance to enforce a contract, injunctions to stop or compel an action, or recission to return parties to their pre-contract positions.Civil Law 2
Civil Law 2thorogl01
油
The document summarizes the appellate court system in England. It explains that the main appellate courts are the Divisional Courts, Court of Appeal, and formerly the House of Lords. It describes the functions and jurisdictions of the Divisional Courts, Court of Appeal, and House of Lords/Supreme Court. Permission is generally required to appeal above the lower courts, and appeals examine points of law rather than reassessing evidence.Civil Court System
Civil Court Systemthorogl01
油
The document discusses the civil court system. It explains what civil law is and how claims are made through civil law. It also mentions researching money claims online and the new debt recovery system as part of civil law reforms.The Criminal Process 2
The Criminal Process 2thorogl01
油
The document discusses various aspects of the criminal trial process in England and Wales, including:
- Mode of trial procedures and how magistrates' courts determine whether a case should be tried summarily or sent to the Crown Court.
- Plea and case management hearings, where defendants plead guilty or not guilty and key issues are identified before trial.
- Disclosure requirements for the prosecution and defense to share information.
- Debate around inappropriate use of the Crown Court and expanded sentencing powers of magistrates' courts.
- Other trial procedures like burden of proof, presenting evidence, and consideration of bad character evidence.
- A mock trial exercise where students are assigned roles to prepare prosecution and defense casesEquity Continued
Equity Continuedthorogl01
油
Equity has adapted over time to meet new needs, such as allowing deserted wives to have interests in marital homes in the 1950s-1960s. In the 1970s, injunction powers were expanded through orders like the Anton Piller order and Mareva injunction. More recently, the House of Lords resisted attempts to further expand equitable jurisdiction in two cases from the 1980s.European Union 1
European Union 1thorogl01
油
The document summarizes the key institutions of the European Union - the European Commission, European Council, Council of Ministers, European Parliament, and European Court of Justice. It describes the roles and functions of each institution, such as the Commission proposing policies and legislation, the Council of Ministers representing member states' interests, and the European Court of Justice ensuring uniform application of EU law. It also discusses the judicial and supervisory roles of the European Court of Justice in resolving disputes between EU bodies and member states.Introduction to Law
Introduction to Lawthorogl01
油
This document provides an overview of the English legal system and various aspects of law as a subject for study. It outlines expectations for the AS level law course, exam dates and content which covers legal structures, processes, reasoning and personnel. It then defines different types of law and provides examples of criminal/public law involving the state as well as civil/private law disputes between individuals. Constitutional law and its unwritten nature in the UK is discussed alongside the separation of powers and the changing role of the Lord Chancellor to satisfy that principle.Ad
Recently uploaded (20)
Tonsil anatomy, diseases and treatment options
Tonsil anatomy, diseases and treatment optionsManu Babu
油
a brief decription of tonsil related pathologyAnesthetic Evaluation & Management in Pregnancy with APH.pdf
Anesthetic Evaluation & Management in Pregnancy with APH.pdfDr Anik Roy Chowdhury
油
Dr. Anik Roy Chowdhury
MBBS, BCS (Health), DA, MD Resident
Shaheed Suhrawardy Medical College Hospital (ShSMCH)ADA Releases 2025 Standards of Care for Diabetes
ADA Releases 2025 Standards of Care for DiabetesJohn Kriak
油
On December 9, 2024, the American Diabetes Association (ADA) released the Standards of Care in Diabetes - 2025, which outlines evidence-based guidelines for diagnosing and managing diabetes and prediabetes. These guidelines, based on the latest scientific research and clinical trials, cover treatment approaches for both adults and children. They also address strategies to prevent or slow the progression of type 2 diabetes and related health conditions, including obesity.
The updated standards include care recommendations designed to improve health outcomes. The ADA revises these guidelines annually through its Professional Practice Committee (PPC), which consists of experts from various fields including physicians, nurse practitioners, certified diabetes care and education specialists, registered dietitian nutritionists, pharmacists, and methodologists.
The Standards of Care in Diabetes - 2025 is available online as a supplement to the January 2025 issue of Diabetes Care. A mobile application compatible with iOS and Android devices, it offers the latest guidelines, interactive tables, and algorithms for quick reference.
The ADA, a voluntary health organization, has focused on diabetes research and public health for 84 years. With 136 million Americans affected by diabetes or prediabetes, the organization continues to support education, program development, and advocacy efforts.clinical approach to a woman with gynecological problem.ppt
clinical approach to a woman with gynecological problem.pptFaculty of Medicine
油
clinical approach to a woman with gynecological problemPatient-Centric Frameworks in Desmoid Tumors: Integrating Emerging Science on...
Patient-Centric Frameworks in Desmoid Tumors: Integrating Emerging Science on...PVI, PeerView Institute for Medical Education
油
Co-Chairs, Prof. Dr. Patrick Sch旦ffski, MPH, and Breelyn A. Wilky, MD, discuss desmoid tumors in this CME activity titled Patient-Centric Frameworks in Desmoid Tumors: Integrating Emerging Science on Gamma Secretase Inhibitors for Progressive Disease. For the full presentation, downloadable Practice Aids, and complete CME information, and to apply for credit, please visit us at https://bit.ly/4iDPUQY. CME credit will be available until June 29, 2026.The concept of Druti in Rasashastra- Dr. Aiswarya Babu
The concept of Druti in Rasashastra- Dr. Aiswarya BabuDr. Aiswarya Babu
油
It is a dosage form that is believed to have been utilized for both Deha & Loha siddhi. Druti Kalpana is an important pharmaceutical process of Rasashastra in which metal/minerals are converted into stable liquefied state. reference taken from Rasaratna samuchaya, 8/84.
Mastering the Review Article: Structure, Strategy & Success
Mastering the Review Article: Structure, Strategy & SuccessRajendra Dev Bhatt
油
A scoping search identified various types of review articles. For this training, most common types were selected, highlighting their key features, strengths, weaknesses, and uses.Winning GAMBITS Against AML: Guidance on Advances & Medical Breakthroughs wit...
Winning GAMBITS Against AML: Guidance on Advances & Medical Breakthroughs wit...PVI, PeerView Institute for Medical Education
油
Chair and Presenter, Naval Daver, MD, Jessica K. Altman, MD, and Ghayas Issa, MD, Alice S. Mims, MD, MSCR, discuss acute myeloid leukemia in this CME/MOC/AAPA/IPCE activity titled Winning GAMBITS Against AML: Guidance on Advances & Medical Breakthroughs with Innovative Targeted Strategies. For the full presentation, downloadable Practice Aids, and complete CME/MOC/AAPA/IPCE information, and to apply for credit, please visit us at https://bit.ly/42f1QCa. CME/MOC/AAPA/IPCE credit will be available until June 30, 2026.Special Education: Empowering Children Through Therapy and油Support
Special Education: Empowering Children Through Therapy and油SupportMyChildTherapy
油
Every child has unique learning abilities. Our Special Education program is designed to support children with learning disabilities, developmental delays, and cognitive challenges, ensuring they receive the individualized instruction needed to succeed in school and beyond.Navigating the Open Enrollment Period for Medicare Supplement Insurance in Sa...
Navigating the Open Enrollment Period for Medicare Supplement Insurance in Sa...dfwdirectinsurance
油
Understanding Medicare options can feel like navigating a maze, especially during the open enrollment period. For residents of Sarasota approaching age 65 or already enrolled in Medicare, this window offers a vital opportunity to secure additional health coverage that helps reduce out-of-pocket costs. If you're planning to enhance your Medicare plan, it's essential to understand the rules, deadlines, and options that apply to Medicare supplement insurance in Sarasota.Global Harmonization Task Force (GHTF) and International Medical Device Regul...
Global Harmonization Task Force (GHTF) and International Medical Device Regul...Arpan Das
油
The Global Harmonization Task Force (GHTF) was a partnership between regulatory authorities and the medical device industry.油It was established in 1992 to improve patient safety and increase access to medical technologies.
The GHTF was replaced by the International Medical Devices Regulators Forum (IMDRF) in 2012. These devices vary widely in type and are highly essential for patients care, their manufacture, distribution, and sale must be regulated to ensure their quality, safety,油and油efficacy.HEALTH CARE PLANNING AND ORGANIZATION OF HEALTH CARE
HEALTH CARE PLANNING AND ORGANIZATION OF HEALTH CAREnawaabaquib
油
This PowerPoint presentation covers Unit II: Health Care Planning and Organization of Health Care at Various Levels in a simple and easy-to-understand format. It explains importance of health planning in India. The PPT also includes the structure of the health care system at central, state, and local levels. It is useful for GNM ,BSc And Msc Nursing students. This presentation is also helpful for exam preparation .Severe Acute Respiratory Syndrome (SARS)
Severe Acute Respiratory Syndrome (SARS)Dr. Anu Marhatta
油
This slide is for educational purposes only. Biography and Professional Career of Dr. Seth Eidemiller
Biography and Professional Career of Dr. Seth EidemillerDr. Seth Eidemiller
油
Dr. Seth A. Eidemiller is a board-certified emergency physician whose professional journey began on a fourth-generation dairy farm in Idaho. Early on, he gained experience through farming, wildfire suppression, and construction work, which gave him a strong foundation in practical skills and resilience. After completing degrees in International Studies and Spanish, he returned to Boise to fulfill the prerequisites for medical school and study laboratory sciences. He then attended the University of Nevada, Reno School of Medicine, and continued his training with a residency in emergency medicine in Fresno. Today, he serves as Vice Chair of the Chico Emergency Medicine Physician Group.Aspirin powder or Acetyl salicylic acid powder.docx
Aspirin powder or Acetyl salicylic acid powder.docxkopalsharma85
油
pharmacy exercise on aspirin powderRCC Treatment Innovations in Practice: Preparing for Individualized Patient Care
RCC Treatment Innovations in Practice: Preparing for Individualized Patient CarePVI, PeerView Institute for Medical Education
油
Chair, Sumanta Kumar Pal, MD, FASCO, David F. McDermott, MD, and Tian Zhang, MD, MHS, prepared useful Practice Aids pertaining to renal cell carcinoma for this CME/MOC/AAPA/IPCE activity titled RCC Treatment Innovations in Practice: Preparing for Individualized Patient Care. For the full presentation, downloadable Practice Aids, and complete CME/MOC/AAPA/IPCE information, and to apply for credit, please visit us at https://bit.ly/4brGF4h. CME/MOC/AAPA/IPCE credit will be available until June 30, 2026.Coarse Dispersion, Physical Pharmaceutics
Coarse Dispersion, Physical Pharmaceuticsnishiprakashj
油
Its a compilation of unit 3 as per PCI syllabus of B.Pharm IV sem, Subject Physical Pharmaceutics.JUNE 2025 ONCOLOGY CARTOONS BY DR KANHU CHARAN PATRO
JUNE 2025 ONCOLOGY CARTOONS BY DR KANHU CHARAN PATROKanhu Charan
油
JUNE 2025 ONCOLOGY CARTOONS BY DR KANHU CHARAN PATRODrmohamedaslam_resident_copd2025_fm.pptx
Drmohamedaslam_resident_copd2025_fm.pptxAslam
油
COPD :LATEST GUIDELINES 2025
REFERENCE: Harrisons Principles of Internal Medicine
GOLD -2025 Guidelines
It highlights updated diagnostic criteria, pharmacological and non-pharmacological treatment options, and current best practices for resident doctors and healthcare professionals.
Ideal for medical students, residents, and practitioners seeking an up-to-date, evidence-based reference.
Download, share, and feel free to reach out for related study material!Patient-Centric Frameworks in Desmoid Tumors: Integrating Emerging Science on...
Patient-Centric Frameworks in Desmoid Tumors: Integrating Emerging Science on...PVI, PeerView Institute for Medical Education
油
Winning GAMBITS Against AML: Guidance on Advances & Medical Breakthroughs wit...
Winning GAMBITS Against AML: Guidance on Advances & Medical Breakthroughs wit...PVI, PeerView Institute for Medical Education
油
RCC Treatment Innovations in Practice: Preparing for Individualized Patient Care
RCC Treatment Innovations in Practice: Preparing for Individualized Patient CarePVI, PeerView Institute for Medical Education
油
Ad
Equity Help Sheet
- 1. Common lawEquityOriginally operated the doctrine of stare decisis strictly. This meant the law did not develop even when it was obviously in need of change.The Lord Chancellor in the Court of Chancery was not bound by precedent. Rules were established to ensure fairness was done.Strict procedural rules were followed.Rules and maxims of equity were developed. These were flexible to ensure even-handedness and fairness.The only remedy available was damages.Recognised the limits of usefulness of money and created new remedies including injunctions and order of specific performance.<br />Differences between Common Law and Equity<br />Summary<br />Equity was developed due to the fact the courts were bound by previous decisions made in cases, which sometimes led to an unfair decision or unsuitable remedies.<br />Equity ensured that fairness and moral value was used in the judgements so that people felt they were getting justice<br />By the nineteenth century, equity had its own case law and recognisable principles, and was no less rigid then the common law.<br />There was always tension between the common law and equity but they became used together within the court after The Judicature Acts of 1873-75. However, if there was any conflict equity should prevail.<br />Equity developed maxims to ensure that decisions are morally fair. The following are some of them:<br />He who comes to equity must come with clean hands
- 2. He who seeks equity must do equity
- 3. Delay defeats equityThe following are the most important equitable remedies, all of which are available at the discretion of the court:<br />Injunction;
- 6. Rescission