Procedural Law
PROCEDURAL LAW
COMMON LAW AND EQUITY
THE COMMON LAW SYSTEM OF EARLY ENGLAND
- one who believes he has a legal claim brings a cause of action in court (vložitev tožbe, s katero se sproži pravda) - he is seeking some form of relief, remedy (zadoščenje) - remedy is supposed to cure or satisfy his claim of harm or injury (terjatev za škodo ali poškodbo) - in the beginning only certain forms of action were recognized by the law courts - a claim had to fit one of recognized forms of action - otherwise the claimant didn't succeed and no remedy was possible - to claimants who succeed, only limited remedies were available - only money damages (odškodnina, povračilo premoženjske škode) - no adequate remedy was available - claimants were unable to have their cause of action heard or they couldn't get relief other than money damages - therefore they petitioned the king, who opened a new avenue of relief known as equity (pravičnost) - the king instituted the Court of Chancery (vrhovno sodišče), which decided cases according to equity and good conscience (pravičnost in dobra vest – pri nas dobra vera in poštenje) - there were two parallel paths to settle disputes (dve poti za reševanje sporov) - common law courts - equity courts - equity courts granted relief at their own discretion (zagotavljali so zadoščenje po lastnem preudarku) - equity courts were deciding cases according to general principles – maximes, not by use of legal precedens - equity regards the substance rather than the form - equity will not suffer a wrong to be without a remedy - he who seeks equity must do equity - he who comes into equiti must come with clean hands - the chancellor presiding the equity court was empowered to issue a decree (pooblaščen izdati odločbo), which ordered a defendant to do or refrain (storiti ali opustiti) some specific act - if a defendant didn't comply (podrediti se) whith that decree, he could be
COMMON LAW AND EQUITY
THE COMMON LAW SYSTEM OF EARLY ENGLAND
- one who believes he has a legal claim brings a cause of action in court (vložitev tožbe, s katero se sproži pravda) - he is seeking some form of relief, remedy (zadoščenje) - remedy is supposed to cure or satisfy his claim of harm or injury (terjatev za škodo ali poškodbo) - in the beginning only certain forms of action were recognized by the law courts - a claim had to fit one of recognized forms of action - otherwise the claimant didn't succeed and no remedy was possible - to claimants who succeed, only limited remedies were available - only money damages (odškodnina, povračilo premoženjske škode) - no adequate remedy was available - claimants were unable to have their cause of action heard or they couldn't get relief other than money damages - therefore they petitioned the king, who opened a new avenue of relief known as equity (pravičnost) - the king instituted the Court of Chancery (vrhovno sodišče), which decided cases according to equity and good conscience (pravičnost in dobra vest – pri nas dobra vera in poštenje) - there were two parallel paths to settle disputes (dve poti za reševanje sporov) - common law courts - equity courts - equity courts granted relief at their own discretion (zagotavljali so zadoščenje po lastnem preudarku) - equity courts were deciding cases according to general principles – maximes, not by use of legal precedens - equity regards the substance rather than the form - equity will not suffer a wrong to be without a remedy - he who seeks equity must do equity - he who comes into equiti must come with clean hands - the chancellor presiding the equity court was empowered to issue a decree (pooblaščen izdati odločbo), which ordered a defendant to do or refrain (storiti ali opustiti) some specific act - if a defendant didn't comply (podrediti se) whith that decree, he could be