The Development of Common Law and Equity

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In this part A of my essay I have been asked to discuss the development of common law and Equity. Common law refers to the law created by judges that was historically significant but has been since replaced by parliament. Common law is the basis of our law today it is an unwritten law that developed from customs and judicial decisions. Equity one the other hand is not found in any Act of Parliament. It refers to the source of law created by the Lord Chancellor which was designed to supplement the common law and allow people the opportunity to avoid problems. Equity is 'the gloss on the common law'. The following essay will go through step by step on how common law and equity have developed between the years 1066 to our present day. In 1066 William the Conqueror came to England when the country had no centralized legal system so he went about setting events in motion to create the system of law we use today The law in 1066 was based on local custom with Local courts enforcing the law for the area they are based so William decided to centralize the law making a government to control the whole of the land. To do this he arranged all the local laws, discarding the laws which would not work, and keeping the laws which he thought did work using them as ‘common’ laws that all the courts across the country would use enforced by judges that would travel to all major towns and decide any important cases. By 12th century; the time of Henry II, a common law had fully developed with rules, which applied to the whole country with the kings judges having travelled all over the country hearing cases. Henry became known as ‘The Father Of Common Law’ At first the common law system appeared to be fair but soon became rigid and fixed. A civil action could only be started by way of a writ. The writ sets out the cause of action and the grounds for the claim. Initially, when
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