Origin Of Law Case Study

Law is usually, a structure of rules that are enforced and backed by the cohesive power of the state to govern and control the social order. Fundamentally, the law is formed through legislation, binding of precedents, decree and regulations. These sets of rules are further segregated into criminal law, civil law, common law & equity and Religious laws. This essay will discuss the origin of law and examine the usefulness of equity law over common law, analyse weakness of common laws and distinguish in the way that these two jurisdictions operate.

British indigenous people created traditions and rules to regulate their societies. In the 800s the Great Britain King – Alfred the Great created the shire and each shire had a court to create the common law. During the period between the Roman invasions and the arrival of the Normans in England,

Monetary compensation was not enough, so the court of chancellor developed new remedies. Unlike the common law rigid rules, equity law was flexible and would seek to provide the remedy of specific performance, the remedy of injunction, the remedy of rectification and remedy of rescission. However, there were conditions to a person seeking what is known as equitable relief, seeking to achieve a remedy under Maxims of equity. The plaintiff must prove that they would not be able to obtain justice in the common law court and they also need to prove the person claiming is himself / herself is without the blame. In addition, equity has developed the law of trust, succession, law of mortgage, breach of confidence and fiduciary obligations. Both the laws developed side by side for several centuries before merging in the late nineteenth century, but by that time equity law had already taken on numerous characteristics of the Common Law, such as time consuming and