Vocabulary tasks

A Match the English words and expressions with their Russian equivalents.

adopt legal injunction prevail fair play cite judicial decision involve equity principles absorb performance of contract concept of justice follow the law right of remedy

цитировать принципы справедливости судебное решение исполнение контракта поглощать принимать концепция справедливости судебный запрет право на судебную защиту следовать закону правовой включать в себя преобладать цитировать

For You to Know Court of Chancery 1 Канцлерский суд (в Великобритании до 1873г.); 2 амер. Суд системы «права справедливости» chancellor 1 канцлер; 2 главный судебный представитель суда справедливости (в некоторых штатах Америки) Lord Chancellor Лорд-канцлер (главное судебное должностное лицо, спикер палаты лордов, член кабинета министров) Judicature судоустройство; юрисдикция King’s Bench Суд королевской скамьи (до 1873 г.); Court of King’s Bench Supreme Court Верховный суд

B Match the legal terms with their definitions.

equity Court of Chancery remedy maxim King’s Bench case Judicature

legal relief that prevents a wrong, enforces a right, or compensates a party for harm a judge’s function, or authority historically, the highest common-law court in England the body of principles constituting what is fair and right a question or problem that will be dealt with by a law court a traditional legal principle a court of equity

C Complete the text with the words from the box.

common (2) criminal barons Supreme maxims equity judge-made civil decentralized King’s Bench permanent facts redress Chancery Judicature justice remedies judges decided fairness separate

Before the Norman Conquest the law in England was 1) ______ . Fear of the power of local 2) ______ led Henry II to create a 3) _______ royal court in London called the 4) ______ . 5) ______ from this court would travel the country hearing 6) ______ and 7) ______ cases. The central court in London 8) ______ the legal issue in a case and this would be applied to the 9) ______in the regional courts. In this way a 10) ______ system of law was developed which was 11) ______ to most parts of the country.

Equity was developed by the Court of 12) ______. It introduced new 13) ______ to provide 14) ______ for disappointed litigants. The common law courts were 15) ______ from the Court of Chancery until a single court was established by the 16) ______ Act 1873. Each branch of the 17) ______ Court of Judicature can administer 18) ______ law and 19) ______ . However, the difference between the two is still important because of the 20) ______ of equity. These illustrate that equity is based on 21) ______ and 22) ______.

D Write down the Russian equivalents for the words in bold type.

Equity came into being in the Middle Ages because common law was not always able to give redress to all litigants. The Court of Chancery provided equitable relief when it thought that the common law remedy was inequitable. Until 1875 there were two courts – the common law court and the Court of Chancery. The Judicature Court established a single court, the Supreme Court of Judicature. When the common law and laws of equity conflict, the laws of equity should prevail.

Over to you

Discuss this problem.

The definition of common law contrasts the body of law developed by the common-law courts and statute law, with Equity - the body of law originally formulated and developed by the Lord Chancellor and the Court of Chancery. Equity is a complex area of English law, mainly concerned with the law of property. The purpose of Equity was to add to or supplement common-law rules in cases where these were too rigid to give justice. These two parallel systems of justice exist side by side in English law and since 1873 they have been administered by the same courts.

The following example will show the different effect of common law and Equity in an actual case:

Suppose that Smith and Jones form a contract in which Smith agrees to sell Jones a certain piece of land. Smith later changes his mind and breaks the contract. At common law the court will order Smith to pay Jones money as compensation for the land he has lost. In Equity the court has discretion to order Smith to perform his part of the contract (to transfer the piece of land to Jones) if this is fair in the circumstances.

What is the difference between the result given by Equity and common law in the example?