Q6 is King's Court, Heinermann Defintion: (1 Viewer)

Patar

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Sorry to disappoint you.

But the principles of Equity developed in the King's Court.

When more people started to go to the soverign and his council for aid, he delegated the responsibility to his Chancellor.

Thus, equity evolved...

Technically, the correct one is the KING'S COURT, but the obvious close-choice was Chancellor's.

For those of you who said they checked the textbook wtf are you on :p

"As the King had a discretionary power to overrule legal decisions in his lands, citizens used to petition the King to ask for justice.

The King and his council would listen to the application and in many cases modify the decision made in the law courts. More and more people applied to the King to 'do equity' or decide 'on conscience' for them and in the fifteenth century the King delegated such problems to his most senior official, the Chancellor."

[Heinermann Preliminary Legal Studies, p25-26.)
 

tinks90

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im so going to disagree with you completely.

my text book states

"this power was delegated to the chancellor, and the chancery courts came to administer the "rules of equity".

my excel text book says

"people who felt they were treated unjustly by the common law could petitition the king to look at the case. Eventually, there were so many petitions that the king set up a special court call the court of chancery to deal with the petitions. blah blah blah. Gradually it developed a set of rules blah blah called the rules of equity.

yes the king identified there was a problem, but he made the court who then developed the idea of equity, and the rules of equity.

guess we will just have to see, in forevers time.
 

smellymcgee

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fuck really???
my mums studying law atm and she told me chancellors court
lucky i guessed kings court lololol
 

smellymcgee

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hmm
last post beat me haha :p
and btw we wont see in time cos BoS are pricks
 
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ccc123

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tinks90 said:
im so going to disagree with you completely.

my text book states

"this power was delegated to the chancellor, and the chancery courts came to administer the "rules of equity".

my excel text book says

"people who felt they were treated unjustly by the common law could petitition the king to look at the case. Eventually, there were so many petitions that the king set up a special court call the court of chancery to deal with the petitions. blah blah blah. Gradually it developed a set of rules blah blah called the rules of equity.

yes the king identified there was a problem, but he made the court who then developed the idea of equity, and the rules of equity.

guess we will just have to see, in forevers time.
This is correct. The King recognised the problem, but the rules still developed in the court of chancery. So that is the most correct answer.
 

Patar

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Lol, kindly get fucked liam.

and the chancery courts came to administer the "rules of equity".
administer means uphold and maintain, not create. They were delegated to those courts.

people who felt they were treated unjustly by the common law could petitition the king to look at the case. Eventually, there were so many petitions that the king set up a special court call the court of chancery to deal with the petitions. blah blah blah. Gradually it developed a set of rules blah blah called the rules of equity
The King first developed the idea of equity and justice, revising harsh common law decisions. They were first developed in the King's Court, then delegated to the Chancery courts. the first principles of equity were born with the King.

However, that passage does seem to imply they were created later...

Maybe they'll have one of those crazy debates and allow both answers, it's been done
 

AbbyL

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Text books says Chancellor's Court, or Chancery Court to be more correct. I put King's Court though so i'd be happy if the text book was wrong!
 

Zeestylez

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YAY

wat a mad guess


thanks for that, u made my night haha 1 more mark wooo
 

Patar

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AbbyL said:
Text books says Chancellor's Court, or Chancery Court to be more correct. I put King's Court though so i'd be happy if the text book was wrong!
Which textbooks? They have exactly the same question do they??

The principles first developed in the King's Court, THEN the Chancellor's Court, its a chronology question, not a 'lets analyse this and say seeing the King delegated it to the Chancellor, they must have developed in the Chancery courts.'
no. The King first developed them in his court as that's where people would go to seek equity.
 

frieda

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Sorry guys, it's definitely chancellor's court, I've done this question before.
 

Izzay

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yeah...instinctively, i chose kings court too

however, after the exam my legal teacher (who also studies law at sydney uni) said it was chancery...
 

Jake22

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I put kings, but i do believe it is chancellors court. Plus our teacher said it was chancellors, he used to be a solicitor and he is also a mad history teacher.
 
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my teacher said king's court
and she's cool and i put king's court so i'm gonna choose to believe that's the right answer
 

lucidassembly

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tinks90 said:
im so going to disagree with you completely.

my text book states

"this power was delegated to the chancellor, and the chancery courts came to administer the "rules of equity".

my excel text book says

"people who felt they were treated unjustly by the common law could petitition the king to look at the case. Eventually, there were so many petitions that the king set up a special court call the court of chancery to deal with the petitions. blah blah blah. Gradually it developed a set of rules blah blah called the rules of equity.

yes the king identified there was a problem, but he made the court who then developed the idea of equity, and the rules of equity.

guess we will just have to see, in forevers time.
Yeah, seconding this opinion :) Excel, our teacher, numerous handouts and previous multiple choice practice sections have all stated the Court of Chancery.
 
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lucidassembly said:
Yeah, seconding this opinion :) Excel, our teacher, numerous handouts and previous multiple choice practice sections have all stated the Court of Chancery.
excel doesn't count, that textbook is shit

then again some of the others are almost as bad
 

lilainjel

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I haven't done the 08 test, but in another 2001 specimen test there was a multiple choice question that read "Historically, in which court were the principles of equity developed?" and the answer was "The Chancellor's Court."

Why do I remember? Because I put Kings Court when my teacher gave the test to our class, and got it wrong.
 

SimonLee13

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Depends on the wording really, it said developed and not "originate" or anything. You can still argue both sides, depending on the definition of "develop" as in creation or completion of an idea.
 

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