Cameron Miranda
The merger of common law and equity, also known as the fusion of law and equity, has a long history. Equity, developed in the English Court of Chancery, aims to provide legal remedies in cases where common law falls short of a fair resolution. While conceptually, equity was part of the origins of England's common law, it was still considered a separate legal field with its own rules and principles. A movement to merge the two gained momentum in the mid-19th century, and the federal courts eventually abandoned the old separation with the Federal Rules of Civil Procedure in 1938, grouping suits in equity and common law under the term civil action.
| Characteristics | Values |
|---|---|
| Year of merger | 1938 |
| Jurisdiction | Federal courts eliminated their separate jurisdiction over suits in equity |
| Terminology | Suits in equity and common law were grouped under the term "civil action" |
| States | Merger is not complete in Delaware, Mississippi, and Tennessee |
| Courts | The Court of Chancery is a dedicated court for equity |
| History | Equity was administered in the Court of Chancery, separate from common law in the Court of King's Bench, the Court of Common Pleas, and the Exchequer |
| Purpose | Equity was designed to provide legal remedies where common law was insufficiently flexible |
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What You'll Learn
The Field Code of 1848
David Dudley Field II was convinced that the common law in America, particularly in New York State, needed radical changes to unify and simplify its procedure. In 1836, after a personal tragedy, Field paused his law practice and travelled to Europe for over a year, where he studied the courts, procedures, and codes of England, France, and other countries. Upon his return, he established his own law firm and began advocating for a codification of common law procedure. Field's ideas gained wider notice with the publication of a pamphlet, "The Reorganization of the Judiciary", in 1846, which influenced the New York State Constitutional Convention that year to report in favour of a codification of the laws.
In 1847, Field was appointed head of a state commission to revise court procedure and practice, and the first part of the commission's work, a portion of the code of civil procedure, was reported and enacted by the legislature in 1848. By January 1, 1850, the New York State legislature had enacted the complete Code of Civil Procedure, subsequently known as the Field Code. The new system abolished the distinction in forms of procedure between an action at law (a civil case demanding monetary damages) and a suit in equity (a civil case demanding non-monetary damages).
The Field Code introduced several innovations to American legal practice, including the contingency fee, lawyer-controlled pretrial discovery practice, and deregulated lawyers' fees in New York, bringing a "free market" economy to the legal profession. It also allowed parties to testify in their own causes and introduced the concept of ''fact pleading', where parties could plead the facts concerning their case and the desired remedy, rather than conforming to a small menu of stylized forms.
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The Judicature Acts of the 1870s
In the history of the courts of England and Wales, the Judicature Acts of the 1870s were a series of acts of the Parliament of the United Kingdom that aimed to fuse the previously bifurcated system of courts in England and Wales. The first two acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875, followed by a series of amending acts (12 in all by 1899). The Judicature Acts of 1873 and 1875 amalgamated the courts into a single Supreme Court of Judicature, which was responsible for administering both law and equity. This ended the institutional separation of common law and equity, though it did not fuse the actual bodies of law.
The old higher courts were abolished and replaced by a new Supreme Court of Judicature, which consisted of the High Court of Justice and the Court of Appeal. The High Court was divided into five specialist divisions based on the old central courts, including the King's Bench, Common Pleas, Exchequer, and Chancery, with the addition of the new Probate, Divorce, and Admiralty Division. The Judicature Acts of the 1870s also resulted in changes to the mode of pleading. The emphasis shifted from the "form" of action to the "cause" (or a set of causes) of action. Writs for action were filled out for a litigant stating facts, without needing to conform to specific forms. The same court could now apply the rules of common law and equity, depending on what the substantial justice of a case required.
The Appellate Jurisdiction Act of 1876 placed the House of Lords, which served as the highest court of appeal, on a proper judicial footing. It provided for the appointment of Lords of Appeal in Ordinary, a small group of senior and experienced judges who would hear and rule on appeals. The judicial functions of the House of Lords were transferred to an appellate committee, which included the lord chancellor, other peers who had held high judicial office, and certain Lords of Appeal in Ordinary.
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Federal Rules of Civil Procedure in 1938
In 1938, the Federal Rules of Civil Procedure (FRCP) were established, marking a significant development in the history of American civil procedure. These rules were enacted by the Supreme Court under its authority from the Rules Enabling Act of 1934. The FRCP established uniform rules of procedure for federal courts in the United States, addressing inconsistencies and confusion arising from each court having its own set of rules.
The FRCP merged the procedures for cases at law and in equity, eliminating the federal courts' separate jurisdiction over suits in equity. Suits in equity and suits at common law were now grouped under the term "civil action". This marked a departure from the centuries-old English jurisprudence system, where judges based decisions on general principles of fairness when rigid application of common-law rules would have resulted in injustice.
The FRCP has undergone significant revisions over the years, with amendments in 1948, 1963, 1966, 1970, 1980, 1983, 1987, 1993, 2000, and 2006. These revisions have addressed various aspects, such as unifying civil and admiralty procedures, making practical changes to discovery rules for managing electronic records, and rewriting the rules for better understanding. While the FRCP governs civil procedure in United States district courts, it does not apply to civil actions centralized into multidistrict litigations (MDLs), which have become a majority of federal civil cases.
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State-level merger status
The merger of common law and equity at the state level in the US has not been consistent across all states. While most states have merged the two courts, some states still maintain separate courts for law and equity.
In the mid-19th century, a movement for the merger of law and equity began in the states when David Dudley Field II convinced New York State to adopt the Field Code of 1848. However, it was not until the promulgation of the Federal Rules of Civil Procedure in 1938 that the federal courts abandoned the old law/equity separation. Under these new rules, suits in equity and suits at common law were grouped together under the term "civil action".
Despite this, some states have not fully merged the two systems. Delaware, for example, still has a separate Court of Chancery, which handles most cases involving Delaware corporations, including a disproportionate number of multi-state corporations. Mississippi and Tennessee also have separate courts for law and equity. Other states, such as Illinois and New Jersey, have a single court with separate divisions for legal and equitable matters.
The status of the merger also varies in other parts of the world. In Commonwealth countries, there is a difference of opinion on whether equity and common law have been fused or are merely administered by the same court. The orthodox view in Australia is that they have not been fused, while the New Zealand Court of Appeal has expressed support for fusion.
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Equity's role in common law
The merger of common law and equity in the United States occurred in 1938 with the Federal Rules of Civil Procedure, which eliminated the federal courts' separate jurisdiction over suits in equity and suits at common law, grouping them together under the term "civil action". However, this merger did not fuse the actual bodies of law. Equity, developed in the English Court of Chancery, is a body of law that aims to provide legal remedies in cases where common law is inflexible and cannot fairly resolve disputes. It is based on general principles of fairness, filling in the gaps of common law to ensure just outcomes.
Historically, English common law was primarily developed and administered in the central royal courts, such as the Court of King's Bench and the Court of Common Pleas. In contrast, equity was administered in the Court of Chancery, constituting a separate field of law with its unique rules and principles. A movement to merge law and equity began in the mid-19th century, with David Dudley Field II convincing New York State to adopt the Field Code of 1848.
The Judicature Acts of the 1870s in England brought about a procedural fusion of common law and equity, ending their institutional separation. While this merger formally combined the jurisdictions, the substantive laws remained distinct. Today, only three states in the US have entirely separate courts for law and equity: Delaware, Mississippi, and Tennessee. Some other states, like Illinois and New Jersey, maintain separate divisions for legal and equitable matters within a single court.
The merger of common law and equity was a significant step towards a more unified and cohesive legal system. By integrating equity into common law, the courts gained flexibility to ensure fair outcomes, especially in situations where strict adherence to common law rules would have resulted in injustice. This fusion strengthened the justice system by allowing it to adapt to unique circumstances and deliver equitable solutions.
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Frequently asked questions
In 1938, the Federal Rules of Civil Procedure were enacted, merging the two systems.
Equity was developed to provide legal remedies for cases where common law was insufficient or unfair.
The merger eliminated the federal courts' separate jurisdiction over suits in equity and suits at common law, grouping them under the term "civil action".
Yes, Delaware, Mississippi, and Tennessee still have separate courts for law and equity. Some other states, such as Illinois and New Jersey, have separate divisions for legal and equitable matters within a single court.
