The Equitable Jurisdiction of the Court of Chancery PDF Download
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Author: George Spence
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 708
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Book Description
Author: George Spence
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 708
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Book Description
Author: Dennis R. Klinck
Publisher: Routledge
ISBN: 1317161947
Category : History
Languages : en
Pages : 380
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Book Description
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.
Author: Donald J. Wolfe
Publisher: Lexis Nexis Matthew Bender
ISBN: 9780820549040
Category : Law
Languages : en
Pages : 1020
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Book Description
This practitioner's guide to the Delaware Court of Chancery, provides practical guidance on litigation strategy and tactics. The Chancery Court's leading authorities provide a thorough analysis on matters unique to this special tribunal, including personal and subject matter jurisdiction of the Delaware Court of Chancery, derivative and class actions, preliminary injunctions and temporary restraining orders, summary proceedings and equitable remedies and defenses. This volume is updated annually.
Author:
Publisher:
ISBN:
Category : Equitable remedies
Languages : en
Pages : 996
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Book Description
Author: John C. P. Goldberg
Publisher: Cambridge University Press
ISBN: 1108421318
Category : Law
Languages : en
Pages : 483
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Book Description
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
Author: Victor Baynard Woolley
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages : 676
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Book Description
Author: Michael Bryan
Publisher: Cambridge University Press
ISBN: 110857307X
Category : Law
Languages : en
Pages : 668
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Book Description
The second edition of A Sourcebook on Equity and Trusts in Australia follows the structure of the second edition of Equity and Trusts in Australia and provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions. Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Detailed commentary accompanies the case extracts, giving a clear account of the facts and issues considered by the court. Chapters contain problems and discussion questions designed to enhance student learning.
Author: Willard Titus Barbour
Publisher:
ISBN:
Category : Abbeys
Languages : en
Pages : 422
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Book Description
Author: John Norton Pomeroy
Publisher:
ISBN:
Category : Equitable remedies
Languages : en
Pages : 850
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Book Description
Author: Roscoe Pound
Publisher:
ISBN:
Category :
Languages : en
Pages : 96
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Book Description
