Keith Mack
Statute law, common law, and equity are three distinct legal concepts that coexist in many jurisdictions, including common law countries such as the United States, the United Kingdom, Canada, and Australia. Statute law, also known as statutory law, refers to written laws created by legislative bodies, such as Parliament. Common law, on the other hand, is based on precedent and judicial rulings from previous cases. It is sometimes referred to as judge-made law and is characterized by the principle of stare decisis, which means that judges follow the decisions of higher courts in similar cases. Equity, which originated in the English Court of Chancery, focuses on fairness and justice and allows judges more discretion in granting remedies. While common law and equity were historically separate court systems, they often overlap and influence each other in modern legal practice.
Differences between Statute, Common Law, and Equity
| Characteristics | Statute | Common Law | Equity |
|---|---|---|---|
| Basis | Written laws by legislative bodies such as Parliament | Precedents and rulings of judges | Judgment and justice through equitable decisions |
| Court | N/A | Legal courts | Courts of Chancery |
| Decision-maker | N/A | Judge or jury | Judge |
| Outcome | N/A | Punishment or financial restitution | Action or cessation of action |
| Examples | Criminal Code, Employment Standards Act | N/A | Specific performance, injunction, rescission, rectification |
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What You'll Learn
Common law and equity have different historical origins
Common law and equity are two distinct legal systems with different historical origins. Common law, also known as "judge-made law", has its roots in the English legal courts following the Norman Conquest of England in 1066. It is based on the principle of "Stare decisis et non quieta movere", which means "to stand by decisions and not disturb the undisturbed". This means that common law relies heavily on precedent, with judges following the decisions made by higher courts in similar previous cases.
Equity, on the other hand, originated in the English Court of Chancery, which was presided over by the Chancellor, the monarch's most senior official and the "keeper of the King's conscience". This court evolved from the right of English citizens to appeal common law decisions to the monarch, who was seen as the ultimate source of justice.
By the 15th century, equity had become well-established and was seen as a rival system to common law. The Court of Chancery was not bound by precedent or strict legal rules, allowing the Chancellor to use their discretion to administer justice in individual cases.
Today, common law and equity continue to coexist and influence each other in many jurisdictions, including the United States, the United Kingdom, Canada, and Australia. While the two systems share similarities and sometimes overlap, their distinct historical origins have shaped their unique principles and remedies.
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Common law is based on precedent
Common law, also known as case law, is based on precedent. This means that rulings are made based on previous decisions made by other judges in similar cases. The concept, which originated from the Latin term "stare decisis et non quieta movere", translates to "to stand by decisions and not disturb the undisturbed". The principle of stare decisis also involves the hierarchy of the courts, where the decisions of higher courts are binding on all lower court judges. Judges are not bound by the decisions of other judges of equal rank in their court.
Common law is upheld through the rulings of a judge or jury hearing a case. Most cases in common law are heard by a jury, with a judge as arbiter, and decisions can result in punishment or financial restitution. For example, in criminal cases, the plaintiff or prosecutor usually wants the defendant to return their property and be punished for their actions.
Common law is based on the rulings of judges and the precedent set by previous cases. This allows for the independence of the judiciary and the ability of judges to respond to changes in society. However, this can also make common law less user-friendly, as it requires reviewing judicial rulings to understand the law.
Common law has its roots in the legal courts of English legal tradition, dating back to the Norman Conquest of England in 1066. It has since been adopted by many legal systems with roots in English law, such as in the US and other former English colonies.
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Equity is about fairness and justice
Statute law, common law, and equity are three distinct legal concepts with different historical origins and applications. Here, we will focus on equity and its relationship with fairness and justice.
Equity is a legal concept that focuses on fairness and justice, often associated with the idea of ""natural law". It originated from the Courts of Chancery, where the Chancellor, as the "keeper of the King's conscience", would hear appeals of common law decisions to the monarch, who was seen as the ultimate arbiter of justice. Equity is about finding a fair solution to a legal dispute, even if it goes beyond the strict application of common law or statutory rules.
One of the key differences between common law and equity lies in their approaches to justice. Common law, also known as "judge-made law" or case law, relies heavily on precedent and the rulings of judges in similar past cases. While this provides consistency and stability in the legal system, it may sometimes lead to outcomes that are just but not necessarily fair. On the other hand, equity allows for more flexibility and discretion in the administration of justice. Equity can provide remedies or solutions where common law may fall short, or it can offer more suitable alternatives. For example, in the case of a stolen computer, a common law court might order the thief to repay the value of the computer to the owner, which is just. However, a court of equity might order the computer to be returned to the owner, which is a more equitable solution as it restores the owner to their original position.
The relationship between common law and equity has evolved over time. Initially, there was a rivalry between the two systems, with separate courts and conflicting rulings. However, the recognition of the importance of equity in supplementing common law led to the merging of the two systems with the establishment of the Judicature Acts in 1873-1875. Today, while the procedures may differ, both common law and equity are administered by the same courts, with judges applying the principles of both as needed to achieve fairness and justice.
In summary, equity is an essential aspect of the legal system, providing a mechanism to ensure fairness and justice beyond the strict application of common law or statutory rules. It empowers judges to use their discretion to adapt to the unique circumstances of each case and deliver equitable outcomes.
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Statute law is written by legislative bodies
Statute law, also known as statutory law, is a system of laws written and passed by a legislative body such as Parliament. In contrast, common law and equity are both systems of law based on precedent and the rulings of judges and courts. However, they differ in their focus and the type of decisions they produce.
Statute law, being written by legislative bodies, often encompasses a wide range of topics and issues, and it is designed to be applicable to a broad segment of society. It is created through a formal process involving drafting, debate, and voting by the members of the legislative body. This process allows for the representation of diverse interests and perspectives, and it helps ensure that the laws are responsive to the needs and values of the society they govern.
The legislative process also enables statute law to address complex and multifaceted issues that may require a comprehensive framework. For example, legislative bodies can conduct investigations, hold hearings, and gather expert input to inform their decision-making. This allows statute law to adapt to changing social, economic, and technological landscapes, ensuring that the laws remain relevant and effective over time.
Statute law also interacts with and can codify common law without displacing it entirely. This means that while legislative bodies create new laws, they may also recognise and incorporate existing legal principles established through common law and equity. This interaction between the two systems ensures a more cohesive and comprehensive legal framework.
Furthermore, statute law can provide clarity and consistency by explicitly stating the rules and regulations that govern various aspects of society. This written form of statute law makes the law more accessible to the general public, enabling individuals to understand their rights and obligations more easily.
In summary, statute law, written by legislative bodies, plays a crucial role in governing societies by creating, adapting, and clarifying the laws that shape our lives. It provides a framework for addressing complex issues, incorporates diverse perspectives, and interacts with common law to create a comprehensive legal system.
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Common law and equity can be applied together
Common law and equity are two distinct legal systems that coexist in many jurisdictions, including the United States, the United Kingdom, Canada, and Australia. While they share some similarities and often overlap, they have different historical origins, principles, and remedies.
Common law is a legal system that developed in England and spread to many English-speaking countries. It is based on the principle of judicial precedent, meaning that decisions made by judges in previous cases serve as a guide for resolving similar disputes in the future. In other words, common law refers to laws created and upheld through the rulings of a judge or jury hearing a case, also known as case law. This system allows judges to respond to societal changes and uphold the independence of the judiciary.
Equity, on the other hand, refers to judgments that focus on fairness and justice, often stemming from a sense of "natural law." Equity originated in the English Court of Chancery, presided over by the chancellor, the monarch's most senior official, as the "keeper of the King's conscience." Equity allows judges considerable discretion in applying its principles and granting remedies, ensuring that equitable relief is tailored to the specific situation.
In modern legal practice, the two systems are separated by the way cases are heard and the type of decision that can be made. Most common law cases are heard by a jury and a judge, and decisions can include punishment or financial restitution. Equity cases, on the other hand, are typically heard only by a judge, who can order action or cessation of action by one party. For example, in a case involving the theft of a computer, a common law court might order the thief to repay the value of the computer, while a court of equity could order the computer to be returned to its owner, providing a more equitable solution.
Despite their differences, common law and equity can and often do coexist and influence each other. In many jurisdictions, courts apply both legal systems to ensure a more complete and just resolution of disputes. For instance, in the case of AG v Blake, the House of Lords allowed an equitable remedy of an account of profits for a breach of contract claim, where the common law remedy of damages would have been inadequate. Similarly, in Wilson v Northampton and Banbury Junction Railway Co., the court of equity's flexible and adaptable approach was able to "do more perfect and complete justice" than relying solely on common law remedies.
In summary, while common law and equity have distinct features and origins, they can be applied together to complement each other and ensure fair and just outcomes in legal disputes. The relationship between the two systems varies depending on the jurisdiction and the specific issue being addressed.
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Frequently asked questions
Statute law refers to laws written by legislative bodies such as Parliament. Common law, on the other hand, is based on precedent and the rulings of judges who hear a case in a courtroom. Statute law can codify common law without displacing it.
Common law is based on precedent and the rulings of judges or juries hearing a case. Equity, meanwhile, refers to laws that are similarly established by court rulings but deal with judgment and justice through equitable decisions. Equity provides a remedy where common law does not.
In a common law court, someone who steals a computer may be ordered to repay the value of the computer to the owner. A court of equity, on the other hand, could order the computer to be returned to the owner as a more equitable solution.
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