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History Of Equity And Trusts
The history of equity and trusts concerns the origin of the body of rules known as Equity, Uses, English trust law and their development into the modern body of trust law that spread with the Common law to the Commonwealth and the United States. The law of trusts was constructed as part of "Equity", a body of principles that arose in the Courts of Chancery, which sought to correct the strictness of the common law. The trust was an addition to the law of property, in the situation where one person held legal title to property, but the courts decided it was fair, just or "equitable" that this person be compelled to use it for the benefit of another. This recognised a split between legal and beneficial ownership: the legal owner was referred to as a "trustee" (because he was "entrusted" with property) and the beneficial owner was the "beneficiary". Roman precursors to trusts Roman law had a well-developed concept analogous to the trust called '' fideicommissa''. These wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (legal Concept)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Graham Virgo
Graham John Virgo is an English legal academic, barrister and university administrator, who is Professor of English Private Law at the University of Cambridge. He is frequently cited in the English courts and those of other common law jurisdictions, and known for his contributions to the law of restitution and the teaching of law. He was previously Senior Pro-Vice-Chancellor at the University of Cambridge and will assume the role of Master of Downing College, Cambridge, on 1 October 2023. Education Virgo completed his secondary education at a comprehensive school in the Midlands. In 1983, he applied to read law at Downing College, Cambridge, where he was interviewed by Charles Harpum, John Hopkins, and David Lloyd Jones. Later, Hopkins suggested that Virgo consider Coward Chance (which in 1987 merged with Clifford Turner to form Clifford Chance) as a firm to work for. Virgo graduated from Downing College, Cambridge in 1987 with first-class honours. The following year, he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Chancery Edited
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Requests
The Court of Requests was a minor equity court in England and Wales. It was instituted by King Richard III in his 1484 parliament. It first became a formal tribunal with some Privy Council elements under Henry VII, hearing cases from the poor and from servants of the King. It quickly became popular for its low cost of bringing a case and rapid processing time, earning the disapproval of the common law judges. Two formal judges, the "Masters of Requests Ordinary", were appointed towards the end of Henry VIII's reign, with an additional two "Masters of Requests Extraordinary" appointed under Elizabeth I to allow two judges to accompany her on her travels around England (Latin: ''Regiae Majestati a Supplicum Libellis Magister''). Two more ordinary masters were appointed under James I of England, with the increasing volume of cases bringing a wave of complaints as the court's business and backlog grew. The court became embroiled in a dispute with the common law courts during the late ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Chancery
The Court of Chancery was a court of equity in England and Wales that followed a set of loose rules to avoid a slow pace of change and possible harshness (or "inequity") of the Common law#History, common law. The Chancery had jurisdiction over all matters of equity, including English trusts law, trusts, English property law, land law, the estates of Mental illness, lunatics and the guardianship of infants. Its initial role was somewhat different: as an extension of the lord chancellor's role as Keeper of the King's Conscience, the court was an administrative body primarily concerned with conscientious law. Thus the Court of Chancery had a far greater remit than the common law courts, whose decisions it had the jurisdiction to overrule for much of its existence, and was far more flexible. Until the 19th century, the Court of Chancery could apply a far wider range of remedies than common law courts, such as specific performance and injunctions, and had some power to grant damage ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Privy Council Of England
The Privy Council of England, also known as His (or Her) Majesty's Most Honourable Privy Council (), was a body of advisers to the sovereign of the Kingdom of England. Its members were often senior members of the House of Lords and the House of Commons, together with leading churchmen, judges, diplomats and military leaders. The Privy Council of England was a powerful institution, advising the sovereign on the exercise of the royal prerogative and on the granting of royal charters. It issued executive orders known as Orders in Council and also had judicial functions. History During the reigns of the Norman monarchs, the English Crown was advised by a (Latin for "royal court"), which consisted of magnates, clergy and officers of the Crown. This body originally concerned itself with advising the sovereign on legislation, administration and justice. Later, different bodies assuming distinct functions evolved from the court. The courts of law took over the business of dispensi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Baker (legal Historian)
Sir John Hamilton Baker, KC, LLD, FBA, FRHistS (born 10 April 1944) is an English legal historian. He was Downing Professor of the Laws of England at the University of Cambridge from 1998 to 2011. Biography Baker was born in Sheffield, the son of Kenneth Lee Vincent and Marjorie Baker (''née'' Bagshaw). He was educated at King Edward VI Grammar School, Chelmsford, and University College London (LLB, PhD). He was called to the Bar at the Inner Temple in 1966 and was elected an Honorary Bencher in 1988. His first academic post was as an Assistant Lecturer in Law at University College London, in 1965. In 1967 he was promoted to Lecturer, and in 1971 moved to the University of Cambridge. There he was Librarian of the Squire Law Library until 1973, and became a Fellow of St Catharine's College. His rooms were above the Sherlock Library until his retirement. In 1973 Baker became a lecturer in Law at University of Cambridge. He was appointed Reader in English Legal History at ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of King's Bench (England)
The Court of King's Bench, formally known as The Court of the King Before the King Himself, was a court of common law in the English legal system. Created in the late 12th to early 13th century from the '' curia regis'', the King's Bench initially followed the monarch on his travels. The King's Bench finally joined the Court of Common Pleas and Exchequer of Pleas in Westminster Hall in 1318, making its last travels in 1421. The King's Bench was merged into the High Court of Justice by the Supreme Court of Judicature Act 1873, after which point the King's Bench was a division within the High Court. The King's Bench was staffed by one Chief Justice (now the Lord Chief Justice of England and Wales) and usually three Puisne Justices. In the 15th and 16th centuries, the King's Bench's jurisdiction and caseload was significantly challenged by the rise of the Court of Chancery and equitable doctrines as one of the two principal common law courts along with the Common Pleas. To recov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common Pleas served as one of the central English courts for around 600 years. Authorised by Magna Carta to sit in a fixed location, the Common Pleas sat in Westminster Hall for its entire existence, joined by the Exchequer of Pleas and Court of King's Bench. The court's jurisdiction was gradually undercut by the King's Bench and Exchequer of Pleas with legal fictions, the Bill of Middlesex and Writ of Quominus respectively. The Common Pleas maintained its exclusive jurisdiction over matters of real property until its dissolution, and due to its wide remit was considered by Sir Edward Coke to be the "lock and key of the common law". It was staffed by one Chief Justice and a varying number of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically. The term is not used in contemporary English law, but t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magna Carta
(Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardinal Stephen Langton, to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. Neither side stood behind their commitments, and the charter was annulled by Pope Innocent III, leading to the First Barons' War. After John's death, the regency government of his young son, Henry III, reissued the document in 1216, stripped of some of its more radical content, in an unsuccessful bid to build political support for their cause. At the end of the war in 1217, it formed part of the pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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