THE COMMON LAW IN ENGLAND

The common law is distinguished from other legal rights endowed parallel court systems. In the middle ages, for example, common law courts were secular, ecclesiastical courts against the Catholic Church. The common law did not address commercial law, corresponding to the mercantile courts (in English, `commercial courts’), or maritime law, admiralty jurisdiction of the court (in English,` the admiralty court “). The most important, their parallels and similarities with the common law, was the call of equity jurisdiction. The solution of equity originated in the early English law when the subjects were presented to the King to demand justice. Later those claims were delegated to the Lord Chancellor and later to a court that was called the chancery court. The equity system created a special body of rules with a higher value than those established by other legal tribunals of the kingdom. At first, the common law courts were more bound by precedent that courts of equity, that provided remedies based on notions of justice to litigants who rejected their technical solutions.

Towards the end of the Middle Ages, the common law and in equity were the most important and comprehensive overview of English law. The common law was evolving into a less formal and the jurisdiction of equity accumulated their specific precedents, so that these two views of judicial law were coming up and growing together. Finally, in the Judiciary Act of 1873 abolished the distinction between common law and equity jurisdiction in England. The final result of the growth and subsequent absorption of the jurisdiction of equity by the common law was the gradual increase of powers of the formal courts.

Since the Industrial Revolution, in response to the growing complexity of law and the need for greater clarity and accessibility, the British Parliament was established as the main source of new laws, amending or adding rules to the body of judicial law. At present the laws of the Parliament have come to encompass most of the legal relations in general. Nevertheless, the common law continues to be important for interpreting the rules are often restatements of the rules and principles of common law primitive.

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