on the law of trusts‚ that there were‚ until 1873 in England‚ two main separate courts – courts of law and courts of equity. Trust law was a product of courts of equity. We will thus look at: (i) the meaning of “equity” that is associated with courts of equity; (ii) the origins of courts of equity; (iii) the development of the law of uses and trusts; (iv) the transfer of equity jurisdiction to Canada; (v) the current status of the fusion of law and equity. II. THE MEANING OF EQUITY Objective:
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BIPAS – UDAYANA UNIVERSITY Law Midterm test “The influence of Common Law and Civil Law on Indonesia´s Legal Tradition” Natascha Krauss 3.11.2014 Table of content 1. Development of Indonesia´s Legal Tradition 2. Civil Law 3. Common Law 4. Influences and Impacts of Civil and Common Law 1. Development of Indonesia´s Legal Tradition This paper is supposed to outline how civil law and common law influenced Indonesia´s Legal tradition. In order to be able to analyze
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Unlike the common law‚ which has a set boundary of rules and regulations‚ equity does not have a concrete structure due to its complex historical background[1]. Trust‚ governed by the laws of equity‚ is a unique creation of common law and is often dealt with challenging and versatile series of events. This problem involves complex areas from topics of formalities‚ constitution of trusts‚ and covenants to settle. In this essay‚ I will fully concentrate on whether each section of the trust is enforceable
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straightforward‚ the law require the trust to be completely constituted‚ so the trust would bind the the settlor and it will be enforceable by the beneficiary. However if the formalities is not satisfied‚ the law will render the settlement as incompletely constituted trust. Once the settlement is deemed to be incompletely constituted trust‚ the beneficiary could not enforce their right in the trust. This is due to the maxim in equity “equity will not assist a volunteer” and “equity will not perfect an
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Equity is defined as the sentencing principle that similar crimes and similar criminals should be treated alike. (Frank Schmalleger‚ 2007)Equity in sentencing has been an issue for quite a while. It has sparked heated discussions in the U.S. Congress‚ as well as arguments among community members. Supporters of equity in sentencing try to inspire changes to our current legislation‚ and its opponents are attempting to abolish it in its entirety. The Federal Drug Abuse Act of 1986 created the guidelines
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Traditional Marriages Compared to Common Law Relationships - Law Individual Position Paper - Name: xxx Course Code: CLU3M Teacher: Mr. Logan Submission Date: January 11‚ 2013. The Benefits of Traditional Marriages Compared to Common Law Relationships Living in a society with freedom comes with many choices to be made‚ some better than others. Common law relationships are becoming more common than ever‚ where lovers or cohabiters
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WHY DID EQUITY DEVELOP? HOW DID THE CHANCELLOR’S JURISDICTION OPERATE? I. INTRODUCTION Justice is the `quality of being just; righteousness‚ equitableness‚ or moral rightness’.1 The application of rigid rules can result in a judgement‚ however‚ not justice. The civil law is based on the principle Dura Lex Sed Lex2; this principle holds that the law is harsh‚ but is the law. Therefore‚ a judge can only apply what is written in the law. On the other hand‚ the common law system is based not
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THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA FACULTY OF LAW EQUITY AND TRUST 1 ESSAY DEADLINE FOR SUBMISSION: Friday‚ February 25‚ 2011 at 12 noon. ____________________________________________________________ ____________ QUESTION a. Using appropriate authorities discuss the disadvantages of separating law and equity. (No more than 1500 words) b. With the aid of relevant legal authorities outline the history‚ uses and purposes of Trusts. (No more than 1500 words) FORMAT FOR
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Is equity still relevant today? Prior to the Norman conquest in 1066 ‚ different areas of England were governed by different systems of law. William the conqueror gained the English throne in 1066 and began standardizing the law. “Itinerant justices” were able to discuss the various customs of different parts of the century. The principle of ‘stare decisis’ grew up and by 1250 a ‘common law’ has been produced. Common law is the basis of our law today. It is an unwritten law that developed from
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principles. Unlike the common law remedy of damages‚ they are not punitive in either nature or intent. Equitable remedies refer to specific types of remedies available in court cases that can only be granted by a judge. A judge will grant‚ or not grant‚ a given equitable remedy based on the circumstances of a particular case. As such‚ equitable remedies are different from legal remedies or remedies granted by operation of law. When a remedy is granted by operation of law‚ the law essentially mandates
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