Chancery

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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".

<span class="mw-page-title-main">English law</span> Legal system of England and Wales

English law, also known as English and Welsh law or English Common law, is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

<span class="mw-page-title-main">Court of Chancery</span> Court of equity in England and Wales (c. 1350ā€“1875)

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 of the common law. The Chancery had jurisdiction over all matters of equity, including trusts, land law, the estates of lunatics and the guardianship of infants.

Chancellor is a title of various official positions in the governments of many nations. The original chancellors were the cancellarii of Roman courts of justice—ushers, who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the audience. A chancellor's office is called a chancellery or chancery. The word is now used in the titles of many various officers in various settings. Nowadays the term is most often used to describe:

<span class="mw-page-title-main">Lord Chancellor</span> Highest-ranking regularly-appointed Great Officer of State of the United Kingdom

The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England, in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922.

The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.

<span class="mw-page-title-main">Judicature Acts</span> UK laws restructuring the English-Welsh court system (1873ā€“1899)

In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, with a further series of amending acts.

<span class="mw-page-title-main">Exchequer of Pleas</span> English-Welsh court for common and equity law (1190sā€“1880)

The Exchequer of Pleas, or Court of Exchequer, was a court that dealt with matters of equity, a set of legal principles based on natural law and common law in England and Wales. Originally part of the curia regis, or King's Council, the Exchequer of Pleas split from the curia in the 1190s to sit as an independent central court. The Court of Chancery's reputation for tardiness and expense resulted in much of its business transferring to the Exchequer. The Exchequer and Chancery, with similar jurisdictions, drew closer together over the years until an argument was made during the 19th century that having two seemingly identical courts was unnecessary. As a result, the Exchequer lost its equity jurisdiction. With the Judicature Acts, the Exchequer was formally dissolved as a judicial body by an Order in Council on 16 December 1880.

<span class="mw-page-title-main">Court of equity</span> Court authorized to apply principles of equity to cases

A court of equity, equity court or chancery court is a court that is authorized to apply principles of equity, as opposed to those of law, to cases brought before it.

The High Court of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases. When sitting as a criminal court it is called the Central Criminal Court and sits with judge and jury. It also acts as a court of appeal for civil cases in the Circuit Court. It also has the power to determine whether or not a law is constitutional, and of judicial review over acts of the government and other public bodies.

<span class="mw-page-title-main">Chancellor of the High Court</span> Head of the Chancery Division of the High Court of Justice of England and Wales

The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions sit by virtue of their offices often, as and when their expertise is deemed relevant, in panel in the Court of Appeal. As such this judge ranks equally to the President of the Family Division and the President of the Queen's Bench Division.

<span class="mw-page-title-main">Delaware Court of Chancery</span> Court of equity in Delaware, United States

The Delaware Court of Chancery is a court of equity in the American state of Delaware. It is one of Delaware's three constitutional courts, along with the Supreme Court and Superior Court. Since 2018, the court consists of seven judges. The chief judge is called the Chancellor, and the remaining judges are called Vice Chancellors. The chancellor and vice chancellors are nominated by the governor and confirmed by the state senate for 12-year terms.

Lord Justice may refer to:

<span class="mw-page-title-main">Chancery Regulation Act 1862</span> United Kingdom legislation

The Chancery Regulation Act 1862, also known as Rolt's Act was an Act of the United Kingdom Parliament that was an important step in the fusion of law and equity.

The Court of Chancery was a court of equity in England and Wales.

<span class="mw-page-title-main">Chancery Amendment Act 1858</span> United Kingdom legislation

The Chancery Amendment Act 1858 also known as Lord Cairns' Act after Sir Hugh Cairns, was an Act of the Parliament of the United Kingdom that allowed the English Court of Chancery, the Irish Chancery and the Chancery Court of the County Palatine of Lancaster to award damages, in addition to their previous function of awarding injunctions and specific performance. The Act also made several procedural changes to the Chancery courts, most notably allowing them to call a jury, and allowed the Lord Chancellor to amend the practice regulations of the courts. By allowing the Chancery courts to award damages it narrowed the gap between the common law and equity courts and accelerated the passing of the Judicature Act 1873, and for that reason has been described by Ernest Pollock as "prophetic".

<span class="mw-page-title-main">High Court of Justice</span> One of the Senior Courts of England and Wales

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

The Judiciary of New Jersey comprises the New Jersey Supreme Court as the state supreme court and many lower courts.

Certain former courts of England and Wales have been abolished or merged into or with other courts, and certain other courts of England and Wales have fallen into disuse.