Common Law

Paper Summary:

The paper discusses common law and explains its interpretations and many applications. The paper examines the history of the development of common law, and explores its connection to and the differences between equity law. The paper further details common law and explains it as an adversarial judiciary system of laws. The paper continues by explaining equity law and its origins. The paper concludes that in 1873 courts of law and equity were united in England. In the United States, courts of equity also developed, however there was no distinct separation between courts of law and equity in the federal system.

Outline:
Introduction
What is Common Law?
What is Equity Law?
Differences between Common Law and Equity Law
Conclusion

From the Paper:

"The common law is made out of the dust of conflict - the Judges will have their feelings powerfully evoked on behalf of the various dramatis personae. They will experience emotions from appreciation to indignation and from approval to disapproval. It is only against that vivid background that the rationales for the decisions of cases are created. Common Law Judges do not often sail into the oceans of abstraction."

Sample of Sources Used:

• "COMMON LAW." LoveToKnow 1911 Online Encyclopedia. 2003, 2004 LoveToKnow.http://93.1911encyclopedia.org/C/CO/COMMON_LAW.htm
• Sir William Blackstone, Commentaries on the Laws of England, Oxford, Clarendon Press, 1765-1769
• Oliver Wendell Homes Jr, The Common Law, Back Bay Books; January , 1964
• John T. Blanchard, California Remedies: Materials and Problems (3d ed. (c)1997)]
• Webster's Revised Unabridged Dictionary, 1996, 1998 MICRA, Inc Paul Kreling, In Praise of Common Law and Equity against Statute Law, 1991, 2pp.

More papers on Common Law:

• Descriptive Essay # 131284 : "Common Law and Canada"
• Research Paper # 93025 : "Federal Common Law"
• Term Paper # 113070 : "The Rise of Common Law in England"

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