Comparison of common law and equity law

Originally, vulgar police force was customary law, folk law, based on precedent. There was of course statutory law -- the kings law -- wholly leafy vegetable law scarperd how it was enforced and administered. No accepted coarse law exists today, having been entirely codified as statutory law by dint ofout the English-speaking world. There remains, however, what be sometimes termed commonality law rights. Now and again, a tonic situation arises where in that location is no law to guide a judge, but where thither really is something to adjudicate. One cuticle I recall (from the 70?) involved a common law right to sunlight for solar panels; a homeowner had installed such panels, but a neighbor subsequently built a fence or structure which blocked the suns rays. The cuckoo was adjudged to curb a common law right to the sunshine, more than or less on old common law water-rights law and the neighbor lost. This cross case involved law as well. Equity came into play wh en in that respect was no precedent for the case at hand. This happens even today. If there is something for the salute to adjudicate, but no guiding precedent or legislative act to guide how the case is to be decided, the judge (perhaps through a jury) creates a new precedent based on what is ordinary and equitable. This is a very common sense legal doctrine.

A system of jurisprudence supplementing and serving to modify the rigor of common law. History of the common law Common law to begin with developed under the inquisitorial system in England from judicial decisions that were based in tradition, custom, and precedent. such forms of legal institutions and culture patronize! resemblance to those which existed historically in continental Europe and otherwise societies where precedent and custom have at times play a substantial procedure in the legal process, including Germanic law recorded in... If you sine qua non to get a sufficient essay, order it on our website: BestEssayCheap.com

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