The Chancery Court originated in England and Wales and dealt with land disputes, trusts, and the affairs of incapacitated persons and minors. In the US and Canada, courts deal with both law and equity. The court of equity determines what is fair and offers recourse for challenging decisions.
The Chancery Court is a court of equity that originated in England and Wales. It was given jurisdiction over matters involving land disputes, trusts and the affairs of mentally incapacitated persons and minors. The chancery court was able to reverse decisions made by the common law courts, and was also able to issue injunctions and orders for specific performance.
In the United States and Canada, courts deal with questions of law in addition to those of equity. In England the chancery court is part of the High Court of Justice. He deals with real estate matters, trusts and commercial law. Intellectual property disputes and tax appeals also take place at this level.
One point of law that would go before the court is where the aggrieved party seeks monetary compensation. An example of this type of case is when someone has been injured in an accident or medical malpractice case and is seeking compensation for medical bills or lost wages. The clerk court examines matters for which no legal remedy is available.
When the injured party seeks a remedy other than monetary compensation, the clerk’s court may order that a party be barred from doing or continuing to do certain actions. When an injunction is issued, the object is required to comply with its terms. In some cases, the injunction is requested as a temporary measure until the court can rule definitively. Failure to comply with the terms of the injunction may result in damages or prosecution for the party responsible for violating the court order, depending on the jurisdiction involved.
Specific performance is another remedy which falls within the powers of the clerk court to grant an aggrieved party in a legal action. When the judge orders this remedy, it means that the terms of the contract originally entered into by the parties must be respected. An example of when a court may issue an order for specific performance is when a contract has been signed for the purchase of a house or other real property. The seller is legally obligated to complete the sale as agreed, as the buyer can argue that the property involved is unique.
A court of equity determines what is fair in each case brought before it. These types of matters may include those relating to the interpretation and application of the constitution, as well as various contractual disputes. It also offers recourse for those who wish to challenge a decision issued by a court or administrative body.
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