law/equity

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portaprokoss
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law/equity

Postby portaprokoss » Thu Dec 15, 2011 12:23 pm

Is this right?

Courts at common law: king's bench, common pleas, exchequer
Courts of equity: chancery

target
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Re: law/equity

Postby target » Thu Dec 15, 2011 2:28 pm

I thought court of exchequer is also equity.

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TTH
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Re: law/equity

Postby TTH » Thu Dec 15, 2011 5:03 pm

If you have a professor who cares whether or not you know this, he or she should be fired.

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daesonesb
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Re: law/equity

Postby daesonesb » Thu Dec 15, 2011 5:21 pm

While the distinction of law and equity can be really important (for instance, Delaware corporate law -- which is the most influential state with respect to that field), I doubt you'll get ANY credit for talking about courts of chancery and exchequers on an issue spotter.

The most you need to know can be found courtesy of wikipedia, I'll paste it here for your convenience :wink:


Today four states still have separate courts for law and equity, although merger in some states is less than complete.[17] Delaware is one notable example, as its Court of Chancery is where most cases involving Delaware corporations are decided. Some other states (such as Illinois and New Jersey) have separate divisions for legal and equitable matters in a single court. Although Virginia consolidated the two courts in 2006,[18] it maintains much of the same actions and remedies. Besides corporate law, which developed out of the law of trusts, areas traditionally handled by chancery courts included wills and probate, adoptions and guardianships, and marriage and divorce.

After U.S. courts merged law and equity, American law courts adopted many of the procedures of equity courts. The procedures in a court of equity were much more flexible than the courts at common law. In American practice, certain devices such as joinder, counterclaim, cross-claim and interpleader originated in the courts of equity. Also, the modern class action evolved out of the equitable doctrine of virtual representation, which enabled a court of equity to fully dispose of an estate even though it might contain contingent interests held by persons which the court did not have direct jurisdiction over.

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Bildungsroman
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Re: law/equity

Postby Bildungsroman » Thu Dec 15, 2011 5:29 pm

portaprokoss wrote:Is this right?

Courts at common law: king's bench, common pleas, exchequer
Courts of equity: chancery

This is what my civ pro book said, so I think it's correct.

071816
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Re: law/equity

Postby 071816 » Thu Dec 15, 2011 5:34 pm

TTH wrote:If you have a professor who cares whether or not you know this, he or she should be fired.

portaprokoss
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Re: law/equity

Postby portaprokoss » Thu Dec 15, 2011 5:41 pm

Oh....the prof. cares...lol. It's a multiple choice final, not an issue spotter.

Also, the Wikipedia article is irrelevant to my question. I was asking about the actual courts as they existed in England.

So am I the only one who spent property learning about things like "frankalmoign?"

ToTransferOrNot
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Re: law/equity

Postby ToTransferOrNot » Thu Dec 15, 2011 5:48 pm

portaprokoss wrote:Oh....the prof. cares...lol. It's a multiple choice final, not an issue spotter.

Also, the Wikipedia article is irrelevant to my question. I was asking about the actual courts as they existed in England.

So am I the only one who spent property learning about things like "frankalmoign?"


Your professor should be fired immediately.

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Grizz
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Re: law/equity

Postby Grizz » Thu Dec 15, 2011 5:54 pm

ToTransferOrNot wrote:
portaprokoss wrote:Oh....the prof. cares...lol. It's a multiple choice final, not an issue spotter.

Also, the Wikipedia article is irrelevant to my question. I was asking about the actual courts as they existed in England.

So am I the only one who spent property learning about things like "frankalmoign?"


Your professor should be fired immediately.

100% credited. I hate him already.

portaprokoss
Posts: 218
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Re: law/equity

Postby portaprokoss » Thu Dec 15, 2011 5:58 pm

..."a leap, a puff, and a fart??" feoffment with livery of seisin??? statue quia emptores???? You mean none of you guys are being tested on this stuff?

Wow, you guys are really going to be screwed the next time you have to execute a conveyance in feudal england....

When I use all this entirely useful knowledge to leverage a position as a tenant-in-chief from the king, we'll see who's laughing. Don't come running to be begging to become a mesne lord...you'll be stuck toiling as a tenant in demesne. Yea...this is totally gonna pay off.

kill me now

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daesonesb
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Re: law/equity

Postby daesonesb » Thu Dec 15, 2011 6:37 pm

Well, that's lame!

Modern property law is actually a relatively fun subject to learn. It's been heavily influenced by law and economics, and generally works in a pretty intuitive way (at least compared to the old english system). People will complain alot about learning easements, RAP, and covenants, but honestly they aren't half as obscure as old constitutional cases, at least to me...

Have fun with that. The fact that your prof wants you to actually know the various courts in 1500's England is shocking. You are going to have to completely re-learn property when you take the Bar Exam.

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kalvano
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Re: law/equity

Postby kalvano » Thu Dec 15, 2011 8:46 pm

daesonesb wrote:Modern property law is actually a relatively fun subject to learn.


I hope you get eaten by angry wolverines in a slow and painful manner. Perhaps while being stung by bees.

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quiver
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Re: law/equity

Postby quiver » Thu Dec 15, 2011 9:06 pm

portaprokoss wrote:Wow, you guys are really going to be screwed the next time you have to execute a conveyance in feudal england...
I actually have an SA lined up with one of the larger fiefdoms. And people say NY biglaw hours are rough...

Renzo
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Re: law/equity

Postby Renzo » Thu Dec 15, 2011 9:43 pm

Grizz wrote:
ToTransferOrNot wrote:
portaprokoss wrote:Oh....the prof. cares...lol. It's a multiple choice final, not an issue spotter.

Also, the Wikipedia article is irrelevant to my question. I was asking about the actual courts as they existed in England.

So am I the only one who spent property learning about things like "frankalmoign?"


Your professor should be fired immediately.

100% credited. I hate him already.


Fired is too good a fate. I mean seriously, law school is already such a useless waste of time, why make it worse?




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