Common law and equity Research Paper

?Before the Norman conquest of England in 1066, we had no national English system. The laws that were made up were different in different areas, it varied between places. Each area has its own local court and decisions made in one area are different to decisions made in another area. William made himself the owner of all the land. He also allowed others to allow to him to sort out any problems that link to land. This process became known as the king’s justice. The applicant that would need to fill out is called the ‘writ’.

The common law constitutes the basis of the legal systems of many other generally English-speaking countries or Commonwealth countries. Such as England, America, Australia, New Zealand, Malaysia, Singapore, Hong Kong and so on. The Australian political system is based upon elements of the British and American systems. In 1788, when Australia was first colonized, British applied the English law in Australia. The term Common law can be defined as a part of the English law developed by the Courts of common law which judgments by judges hearing real cases.

Furthermore, Doctrine can be defined as a commonly accepted set of rules and procedures. Precedent means an example serving for the future. Moreover, this essay will clarify that the historical development Australia legal system, development of common law, the evolution and operation of the doctrine of precedent. First of all, the legal system in Australian that operates today arrived a mere two centuries ago. It can be explain that into three steps. Firstly, Australia received English law. Then, English statutes Australia that mean Australia can make law for the Australian colonies.

When the Australia was first colonized in 1788, English naturally applied the only law they knew, that including the laws, the procedures, the institution, the value and the tradition. All English laws that were suitable to colonial setting were applied . This was because of the doctrine of terra nullius. This doctrine meant that Australia was regarded as isolated when the English law that was suitable to the circumstances applied. In 1853, self-government was approved by the English to the Australian colonies.

Self-government meant that each colony had its own parliament which could mark laws for colony. Early common law was somewhat inflexible; it would not adjudicate a case that did not fall precisely under the purview of a particular writ and had an unwieldy set of procedural rules. Except for a few types of lawsuits in which the object was to recover real or personal property, the only remedy provided was money damages the body of legal principles known as equity evolved partly to overcome these deficiencies.

Until comparatively recent times there was a sharp division between common law (or legal jurisprudence) and equity (or equitable jurisprudence). In 1848 the state of New York enacted a code of civil procedure that merged law and equity into one jurisdiction. Thenceforth, actions at law and suits in equity were to be administered in the same courts and under the same procedure. The Field code reforms were adopted by most states of the United States, by the federal government, and by Great Britain (in the Judicature Act of 1873).