Court of equity
Courts applying equity to complement common law and promote justice.
A court of equity, also known as an equity court or chancery court, is a court authorized to apply principles of equity rather than principles of law to cases brought before it. These courts originated from petitions to the Lord Chancellor of England and primarily heard claims for relief other than damages, such as specific performance and extraordinary writs. Over time, most equity courts merged with courts of law, and the adoption of various Acts granted courts combined jurisdiction to administer common law and equity concurrently. Courts of equity are now recognized for complementing the common law by addressing its shortcomings and promoting justice.
- field
- Equity jurisdiction
- known_for
- Applying equitable principles, originating from petitions to the Lord Chancellor of England
- nationality
- English, later adopted in the United States and other common law jurisdictions
- origin_periods
- Medieval period (13th–15th centuries), formative period (16th–17th centuries), period of systematization (17th–19th centuries)
Lore & Background
The historical emergence of equity occurred during three significant periods: the medieval period (13th–15th centuries), the formative period (16th–17th centuries), and the period of systematization (17th–19th centuries). Throughout these periods, equity developed progressively from the Chancellor providing equitable relief based on personal conscience to an established and organized body of law governed by courts. The Chancery Division was established in the 13th century by the King after the separation of the Supreme Court of Judicature. Under the Chancellor's authority, the 'King's law' prevailed in local courts. The division did not handle actual cases but performed functions associated with the King's secretarial department. During the 14th and 15th centuries, the Chancery developed into an independent and extensive bureaucracy, issuing writs regarding inheritance or property transfers. In the 16th century, the modern system of equity and the Chancellor evolved into a body with recognized judicial features. The Court of Chancery issued decrees independently of the King's Council, Chancellors became proficient in law, and a more systematized role in resolving petitions emerged. He rationalized the rules and principles found in modern equity today, to provide enhanced consistency and certainty. Prior to this, the Courts of Chancery experienced shortcomings and a 'period of decline and stagnation' during the early 18th century, including jurisdictional delays, administrative complications, costly proceedings, and burdensome processes.
Reader's Guide
Courts of equity are significant because they developed a distinct body of law—equity—that complements common law by addressing its inflexible rules and promoting corrective justice. Their historical evolution, from medieval petitions to the Lord Chancellor to a systematized court system, shaped modern legal procedures and remedies. In the early years of the United States, some states followed the English tradition of maintaining separate courts for law and equity, while others combined both types of jurisdiction. United States bankruptcy courts serve as an example of a federal court that operates as a court of equity. A few common law jurisdictions, such as the U.S. states of Delaware, Mississippi, New Jersey, South Carolina, and Tennessee, continue to preserve the distinctions between law and equity.
Did You Know?
- Courts of equity originated from petitions to the Lord Chancellor of England.
- The Chancery Division was established in the 13th century by the King after the separation of the Supreme Court of Judicature.
- United States bankruptcy courts serve as an example of a federal court that operates as a court of equity.
Frequently Asked Questions
What is a Court of equity?
A Court of equity is a judicial body that resolves disputes by applying fairness-based principles rather than strict legal rules. It is also commonly called a chancery court or equity court.
Where did Courts of equity originate?
These courts grew out of medieval English practice, where petitioners who felt common law remedies were inadequate would appeal directly to the Lord Chancellor. The system developed from the 13th through 15th centuries and later spread to the United States and other common law jurisdictions.
What remedies can a Court of equity grant?
Rather than awarding monetary damages, equity courts typically order specific performance, issue extraordinary writs, or provide other tailored relief. Their focus is on achieving a just outcome where rigid legal rules fall short.
How do Courts of equity complement common law courts?
Equity courts fill gaps left by the common law system by offering flexible, conscience-based remedies. Together, the two systems ensure that parties receive both the letter and the spirit of justice.
What happened to Courts of equity in modern legal systems?
Over time, most equity courts were merged with courts of law through various legislative acts, giving a single court combined jurisdiction over both common law and equitable claims. Today the distinction persists in terminology and doctrine, but the separate institutional courts largely no longer exist in their original form.
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