2006-10-16 01:35:12 · 6 answers · asked by Tom K 1 in Politics & Government ➔ Law & Ethics
What country? If the US, what state? Your question contains a basic assumption that is incorrect. Common law is the history of decisions made by appellate courts in any jurisdiction, whether it involves law (statutes, regulations) or equity. In most places, there are only a handful of equity principles that remain, including injunctions and no entitlement to jury trials.
2006-10-16 01:40:22 · answer #1 · answered by thylawyer 7 · 0⤊ 0⤋
I am of the view that very little has changed so far as attitude is concerned, case law gives a balanced interpretation of the will of parliament with a view to a just and equitable outcome.
Reference should be made to the maxims in equity, as with the recent developments in European law in areas like consumer protection and the expansion of the European union soon to become 27 members, the equitable interests of overseas entities will have an impact on the equitable doctrines currently observed in England and Wales.
This could suggest a standardisation of equitable doctrine to incorporate the general interests of the European community as a whole. This could prove costly and time consuming as the various political interests of member states for their citizens will be given priority.
The next few years could see a radical change in equitable doctrine from the current relationship between common law and equity and a more European dimension to this area of law.
Hope this gives you one point of view on this question.
2006-10-16 09:16:22 · answer #2 · answered by LYN W 5 · 1⤊ 0⤋
well common law is case and precedent law . Equity is based upon applying the equitable maxims and determining what is the best approach for the best outcome for both parties.
2006-10-16 08:37:55 · answer #3 · answered by typical_123 2 · 0⤊ 0⤋
If you are on about the UK then Common law relationships don't exist in the eyes of the law. Get married!!
2006-10-16 08:42:53 · answer #4 · answered by ptdemon 3 · 0⤊ 0⤋
thylawyer has the best answer
only a few states still have courts of equity - delaware being one of them
most states and all federal courts have merged law and equity
2006-10-16 10:04:31 · answer #5 · answered by BigD 6 · 1⤊ 0⤋
In a common law relationship, if it fails, you only get what is in your name, nothing more
2006-10-16 08:36:56 · answer #6 · answered by Mary Smith 6 · 0⤊ 0⤋