Why Learn Equity?

History and Origins of Equity Jurisprudence Courts

Equity Jurisprudence in England

Equity jurisprudence in England developed as a response to the limitations and rigidity of common law. Here are the key points in its history:

• Early Development: During the medieval period, individuals who sought justice often found the common law courts inadequate. These courts were bound by strict procedures and could only offer specific remedies.

• The Role of the Chancellor: Petitioners turned to the King’s Chancellor, who had the authority to grant relief based on fairness and conscience. This led to the establishment of a separate system of courts that addressed cases not adequately covered by common law.

• Establishment of the Court of Chancery: By the 15th century, the Court of Chancery became a formal court for equity cases. It was distinct from common law courts and focused on providing remedies such as injunctions and specific performance.

• Principles of Equity: The principles of equity emphasized fairness, justice, and moral rights. This included doctrines such as estoppel, trusts, and equitable liens.

• Judicature Acts of 1873-1875: These acts merged the administration of common law and equity, allowing courts to apply both legal and equitable principles in their judgments.

Equity Jurisprudence in the United States

The origins of equity jurisprudence in the United States are closely tied to its English roots, but it developed its own unique characteristics:

• Colonial Influence: Early American colonies adopted English common law and equity principles. The colonial courts often followed the procedures of the English Court of Chancery.

• State Courts: After independence, each state established its own judicial system. Most states created separate courts of equity, reflecting the English model.

• Integration into Common Law: Similar to England, many states began to merge equity and law. By the late 19th and early 20th centuries, most states had adopted codes that combined legal and equitable procedures.

• Federal Courts: The U.S. federal court system also recognized equity jurisdiction, especially in cases involving federal law or diverse parties. The Federal Rules of Civil Procedure, enacted in 1938, further integrated equity into federal practice.

• Modern Developments: Today, equitable remedies such as injunctions and specific performance are commonly granted alongside legal remedies in both state and federal courts.

Conclusion

Equity jurisprudence has evolved significantly from its origins in England to its application in the United States. While it began as a separate system to address the inadequacies of common law, both jurisdictions have increasingly integrated equity into their legal frameworks, allowing for a more comprehensive approach to justice.