Conflict Between Equity And The Common Law - 1188 Words

2. The conflict between equity and the common law 2.1. The conflict before the Earl of Oxford case in 1615 The establishment of the Court of Chancery created the situation in which there were two separated systems of courts in the English common law and two distinct jurisdictions of these systems as well. In the relation with the legal proceedings of the common law courts, the Court of Chancery have three kinds of jurisdiction, these are the exclusive, concurrent and auxiliary jurisdictions. As mentioned above, the exclusive jurisdiction gave the Court of Chancery a hand to confront cases which did not fall within the scope of the common law jurisdiction. In other words, the Court of Chancery, going along with its equitable jurisdiction, was the unique judicial institution that had capacity to arrange justice reliefs. Since issues could not be resolved in the common law courts, when the Court of Chancery carried out its exclusive jurisdiction to resolve these cases, it decisions had hardly conflict with the common law courts. Neve rtheless, there were some cases whose facts fell within both of the common law and equity jurisdictions, these cases laid under the concurrent jurisdiction of the Court of Chancery and they led to the situation in which both the Court of Chancery and the common law courts delivered their own reliefs. However, the Chancellor, some time, seemingly convinced the litigants to exercise his decisions, rather than the common law judgments because heShow MoreRelatedEquity Plays An Important Role For The Common Law758 Words   |  4 PagesEquity plays an important role in the common law which will be explained in this essay. It’s foundational principles derive from philosophy and ethics as well as from political and religious background. 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