Log in

Relevant bibliographies by topics / Chancery Court / Journal articles

To see the other types of publications on this topic, follow the link: Chancery Court.

Journal articles on the topic 'Chancery Court'

Author: Grafiati

Published: 4 June 2021

Last updated: 8 February 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Chancery Court.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Haskett, Timothy S. "The Medieval English Court of Chancery." Law and History Review 14, no. 2 (1996): 245–313. http://dx.doi.org/10.2307/743785.

Full text

Abstract:

The medieval English Court of Chancery is not a well-known institution. Its Victorian great-granddaughter—if to posit such a relationship does the antecedent justice—has a far broader public for its much darker persona, thanks to Jarndyce and Jarndyce. Even Chancery's Jacobean descendant looms larger in the historical memory than does its medieval forebear, if only for the celebrated battle between Chancellor Ellesmere and Coke, CJ. Perhaps with the brief tenure of St. Thomas More, brought into our own popular culture by playwright Robert Bolt and actor Paul Scofield, the early Chancery emerges for a moment, although the court under More was overshadowed by that chancellor's more difficult trials. In fact, the Chancery as a court has been subsumed in a multitude of studies on the Chancery as an administrative office. It appears in essays on government, councils and parliaments, writing offices and administrative centers. Yet the court that grew around the chancellor was not the sum, or even just a part, of his activity as the leading administrator of the realm. Still, with a few exceptions, the medieval Court of Chancery has never been afforded the same careful and discrete treatment its Elizabethan successor has received. The older court remains a footnote to administrative history, something just on the far side of the light cast by St German and Tudor records.

APA, Harvard, Vancouver, ISO, and other styles

2

O’Dowd, Mary. "Women and the Irish chancery court in the late sixteenth and early seventeenth centuries." Irish Historical Studies 31, no. 124 (November 1999): 470–87. http://dx.doi.org/10.1017/s002112140001436x.

Full text

Abstract:

Of all the crown courts in sixteenth- and seventeenth-century Ireland, the chancery court has received the most favourable judgement from historians. Through its exercise of equity, the chancery court has been perceived as a mediator between English common law and Gaelic customary law. Equity provided the chancellor with the possibility of considering a judgement from the point of view of ‘reason and conscience’, to ensure what W. J. Jones has called the ‘protection of the innocent from the ruthless specifications’ of common law courts. In Irish terms this meant that the chancellor was prepared to consider Gaelic forms of partible inheritance from the standpoint of equity. In Gaelic society land descended according to a variety of customs which, it was argued in chancery, had been observed ‘time out of mind’ in a particular family or region and therefore in fairness or equity might be upheld even if they were contrary to common law practice.This benign view of the Irish chancery court’s attitude to Gaelic customary law has much in common with the attitude of the English chancery court towards women. Historians of early modern England have portrayed chancery as a judicial forum which provided women with legal redress which would have been denied them at common law. Female litigants in the sixteenth-century English chancery court included single, widowed and married women. Under common law, only single women and widows were entitled to legal representation in their own right. Married women, as femmes couvertes, were legally merged with their husbands on marriage, and so could not bring cases in their own name at common law. In the English chancery court, however, a small number of married women were permitted at the discretion of the chancellor to sue on their own without their husbands. In the course of the sixteenth century the English chancery also contributed to the extension of the legal franchise of women.

APA, Harvard, Vancouver, ISO, and other styles

3

Gitelman, Morton. "The First Chancery Court in Arkansas." Arkansas Historical Quarterly 55, no. 4 (1996): 357. http://dx.doi.org/10.2307/40027867.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Burns, Fiona R. "Lord Cottenham and the Court of Chancery." Journal of Legal History 24, no. 2 (August 2003): 187–214. http://dx.doi.org/10.1080/01440362408539664.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Beattie, Cordelia. "A Piece of the Puzzle: Women and the Law as Viewed from the Late Medieval Court of Chancery." Journal of British Studies 58, no. 4 (October 2019): 751–67. http://dx.doi.org/10.1017/jbr.2019.87.

Full text

Abstract:

AbstractThis article uses fifteenth-century Chancery court bills to demonstrate how women negotiated solutions to social and legal disputes not just in Chancery but through a variety of legal jurisdictions. This approach sheds light on women's actions in courts where the records have not survived, and it also adds nuance to the long-running debate about whether equity was a more favorable jurisdiction for women than the common law. By bringing into view other jurisdictions—such as manorial, borough, and ecclesiastical ones—it demonstrates how litigants might pursue justice in a number of arenas, consecutively or concurrently. Some women approached Chancery because they did not think they would get justice in a lower court, while others were keen that their cases be sent back down so that they could be fully recompensed for the offences against them. A fuller understanding of the disputes to which Chancery bills refer complicates our understanding of why women “chose” Chancery. Chancery is only one piece of the puzzle of how women negotiated justice in late medieval England, but its records can also shed light on some of the missing pieces.

APA, Harvard, Vancouver, ISO, and other styles

6

Marzec, Łukasz. "KILKA UWAG O SĄDZIE KANCLERSKIM I SYSTEMIE EQUITY W ANGLII." Zeszyty Prawnicze 5, no. 1 (June 10, 2017): 195. http://dx.doi.org/10.21697/zp.2005.5.1.08.

Full text

Abstract:

Remarks on the Court of Chancery and the Equity System in EnglandSummaryThe Court of Chancery was a significant element in the English judicial system which operated outside the sphere of com m on law. Throughout hundreds o f years, the Court of Chancery developed a unique branch of equity law, which co-existed with the com m on law. This was very similar to the Roman ius civile and the praetorian law. Although the Court was abolished in the 19th century, its jurisdiction is still applied by the Chancery Division of the High Court of Justice. The equity law, intended to be a remedy for the strict rules of com m on law, borrowed much from the Roman law. M any chancellors and masters in Chancery, having obtained a D. C. L or LL. D degree were open to adopt Rom an law rules into the C ourt’s practice. In the opinion of some scholars, some of the equity rules were borrowed from the Rom an law, like trust (fideicomissum) or elements of mortgage (equity o f redemption). M any „rules of equity” have also their origin in the Roman jurisprudence.

APA, Harvard, Vancouver, ISO, and other styles

7

BRODERICK, WARREN. "“Bartleby,” Allan Melville, and the Court of Chancery." Leviathan 13, no. 2 (May 19, 2011): 55–60. http://dx.doi.org/10.1111/j.1750-1849.2011.01422.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Kennedy, Kathleen E. "Retaining a Court of Chancery in Piers Plowman." Yearbook of Langland Studies 17 (January 2003): 175–89. http://dx.doi.org/10.1484/j.yls.2.302632.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Kephart, Christopher. "An analysis of when the merger price is the best representation of fair value in an appraisal action." Corporate Governance and Organizational Behavior Review 1, no. 1 (December 14, 2017): 42–51. http://dx.doi.org/10.22495/cgobr_v1_i1_p5.

Full text

Abstract:

Delaware’s statutorily afforded right of appraisal is once again a hot topic. In an appraisal action, the Delaware Court of Chancery is charged with the task of determining the fair value of recently acquired Delaware corporations. However, the appraisal process is not an easy one, in no small part, to the inflexible statute guiding the appraisal procedure. The process is further complicated by the Delaware Supreme Court’s mandate that the Court of Chancery not to employ a bright line test in determining the fair value even for those transactions that were the result of a free and open market process. As a result, the courts are often left second-guessing a merger value that was the product of a fair merger process. I propose that in an arms-length third-party cash-out merger, the entire fairness standard of review is the appropriate standard to determine fair value within an appraisal action. A statutory safe harbor allowing the judiciary the opportunity to examine the process by which the target company and acquiring company arrived at the final merger value versus questioning the substance of the merger would serve the M&A and shareholder community well. In the absence of a legislative fix, the Court of Chancery has, at the least, provided buyers, sellers, and arbitrageurs alike, with scenarios that will likely result in the court determining that the merger rice is, in fact, the best representation of fair value. Essentially, when the inputs typically used by the court for determining fair value are in some way flawed, the court will likely conclude that the merger price is the best representation of fair value.

APA, Harvard, Vancouver, ISO, and other styles

10

Dowling, J. A. "The Irish Court of Appeal in Chancery, 1857–77." Journal of Legal History 21, no. 2 (August 2000): 83–118. http://dx.doi.org/10.1080/01440362108539610.

Full text

APA, Harvard, Vancouver, ISO, and other styles

11

Bottomley, Sean. "Patent Cases in the Court of Chancery, 1714–58." Journal of Legal History 35, no. 1 (January 2, 2014): 27–43. http://dx.doi.org/10.1080/01440365.2014.883047.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Lobban, Michael. "Preparing for Fusion: Reforming the Nineteenth-Century Court of Chancery, Part I." Law and History Review 22, no. 2 (2004): 389–427. http://dx.doi.org/10.2307/4141653.

Full text

Abstract:

In 1850, William Carpenter, a reform-minded journalist, called the court of Chancery “an instrument of oppression” and noted that “[t]he madhouses, the workhouses, and the gaols, in all parts of the kingdom, have within their walls the melancholy and heart-broken victims of the evil it does.” The image of the nineteenth-century Chancery as a ruinously expensive and slow court is familiar and was given its most famous expression in Charles Dickens's Bleak House. Yet the court was also a prime focus of attention for law reformers throughout the nineteenth century, until its incorporation into the Supreme Court of Judicature in the reforms of 1873–75. The process of reform was slow and complex, driven at different times by different parties, who had often divergent notions of the problems to be addressed.

APA, Harvard, Vancouver, ISO, and other styles

13

Horwitz, Henry. "Chancery's ‘Younger Sister’: the Court of Exchequer and its Equity Jurisdiction, 1649–1841*." Historical Research 72, no. 178 (June 1, 1999): 160–82. http://dx.doi.org/10.1111/1468-2281.00079.

Full text

Abstract:

Abstract An analysis of Exchequer equity litigation (subject‐matter, parties and procedures), in part by comparison to Chancery. The analysis identifies general similarities as well as some particular features of Exchequer process that help to account the preference of some litigants (or their legal advisers) for pursuing their disputes in Exchequer rather than in Chancery.

APA, Harvard, Vancouver, ISO, and other styles

14

Capern, Amanda L. "Maternity and Justice in the Early Modern English Court of Chancery." Journal of British Studies 58, no. 4 (October 2019): 701–16. http://dx.doi.org/10.1017/jbr.2019.91.

Full text

Abstract:

AbstractThis article is a case study of female litigants acting in the capacity of mother in the English equity court of Chancery between 1550 and 1700. It starts by asking how prevalent mothers were as plaintiffs and defendants in Chancery, though the burden of the article is a qualitative analysis of maternal narratives in Chancery pleadings and the use of gendered tropes such as “poor mother.” Stepmothers and women acting in loco parentis—aunts, grandmothers, and godmothers—have been included to reflect the full range of women who acted in a maternal role in early modern society and explain how they were portrayed, sometimes through a querelle des femmes lens. The different legal strategies of mothers (and their lawyers) are examined in detail and the question of the “female voice” in the archives is addressed. The intention is to demonstrate how social and legal maternal identities were used to produce strategic storytelling by mothers and their lawyers in a rhetoric that they hoped would advantage their cases. More broadly, the article addresses questions about the structural connections between law and society, especially the construction of social identity and the habitus and doctrine of equity.

APA, Harvard, Vancouver, ISO, and other styles

15

Youngs, Deborah. "“A Besy Woman … and Full of Lawe”: Female Litigants in Early Tudor Star Chamber." Journal of British Studies 58, no. 4 (October 2019): 735–50. http://dx.doi.org/10.1017/jbr.2019.90.

Full text

Abstract:

AbstractThis article considers the opportunities available to, and the constraints to be negotiated by, female litigants at the court of Star Chamber during the reigns of the early Tudor kings. Star Chamber was a prerogative court and grew in popularity following the transformation and clarification of its judicial functions under Thomas Wolsey in the early sixteenth century. While it has suffered losses to its records, around five thousand cases still survive from the early Tudor period, including nearly one thousand cases involving female litigants. Unlike those in other Westminster courts, such as Common Pleas, Chancery, or the Court of Requests, Star Chamber cases have yet to be fully examined for what they can tell us about women's access to justice and their experience of legal process. This article begins by surveying the number of cases involving female litigants, showing that far more women came to the court as plaintiffs than as defendants. The numbers were significant—in line with Chancery—but still show women as a minority. Drawing on a wide range of examples, the paper explores the major factors determining, and limiting, women's active roles as litigants, taking into consideration cultural expectations, legal practice (including the operation of coverture), and, where detected, individual decision-making.

APA, Harvard, Vancouver, ISO, and other styles

16

Ives, E. W. "Readers and Readings in the Inns of Court and Chancery." English Historical Review 118, no. 475 (February 1, 2003): 204–6. http://dx.doi.org/10.1093/ehr/118.475.204.

Full text

APA, Harvard, Vancouver, ISO, and other styles

17

Riley, Chris. "Jeremy Bentham and Equity: The Court of Chancery, Lord Eldon, and the Dispatch Court Plan." Journal of Legal History 39, no. 1 (January 2, 2018): 29–57. http://dx.doi.org/10.1080/01440365.2018.1434966.

Full text

APA, Harvard, Vancouver, ISO, and other styles

18

Oldham, James. "A Profusion of Chancery Reform." Law and History Review 22, no. 3 (2004): 609–14. http://dx.doi.org/10.2307/4141691.

Full text

Abstract:

The refrain that law and equity cannot peaceably cohabit the same court is familiar and persistent. In his 1790 treatise on contracts, Joseph Powell protested that blending law and equity was “subversive of first principles.” He claimed, “That a right in itself purely legal cannot be the proper subject of discussion in a jurisdiction purely equitable, and that a right purely equitable, cannot be the proper subject of a purely legal jurisdiction, are axioms that cannot be denied,” adding for good measure: “It is a proposition as self-evident as that black is not red, or white black.” Almost two centuries later, in a provocative 1974 essay called The Death of Contract, Grant Gilmore asserted that the legal doctrine of consideration in contract law and the equitable doctrine of promissory estoppel were like “matter and anti-matter,” and “The one thing that is clear is that these two contradictory propositions cannot live comfortably together: in the end one must swallow the other up.”

APA, Harvard, Vancouver, ISO, and other styles

19

Matthews, Gilbert E. "Recent Developments in Delaware Valuation Cases." Business Valuation Review 40, no. 1 (January 1, 2021): 20–37. http://dx.doi.org/10.5791/20-00009.1.

Full text

Abstract:

This article discusses current developments in Delaware case law as they relate to valuation. It reviews all relevant Delaware Supreme Court decisions since 2017 and all relevant Court of Chancery decisions since 2019. We discuss the emphasis being placed by the Delaware courts on using discounted cash flow for valuations in related party transactions, as well as the substantial reliance on transaction price as the valuation measure in arm's-length transactions that have a satisfactory negotiation process. We conclude with a discussion of the impact of these and prior Delaware decisions on the valuation community and comments on the role of expert witnesses.

APA, Harvard, Vancouver, ISO, and other styles

20

De, Rohit. "“A Peripatetic World Court” Cosmopolitan Courts, Nationalist Judges and the Indian Appeal to the Privy Council." Law and History Review 32, no. 4 (October 14, 2014): 821–51. http://dx.doi.org/10.1017/s0738248014000455.

Full text

Abstract:

In early 1943, Lord Wilfred Green, the Master of Rolls and the head of the Chancery Division of the British judiciary, authored a secret memorandum proposing that the Judicial Committee of the Privy Council become a “peripatetic court” that would travel throughout the British Empire. This article explores the origins and politics of this proposal to provide a critical re-description of the role of the Privy Council and the circulation of law within the British Empire.

APA, Harvard, Vancouver, ISO, and other styles

21

TUCKER, P. "The Early History of the Court of Chancery: A Comparative Study." English Historical Review 115, no. 463 (September 2000): 791–811. http://dx.doi.org/10.1093/enghis/115.463.791.

Full text

APA, Harvard, Vancouver, ISO, and other styles

22

TUCKER, P. "The Early History of the Court of Chancery: A Comparative Study." English Historical Review 115, no. 463 (September 1, 2000): 791–811. http://dx.doi.org/10.1093/ehr/115.463.791.

Full text

APA, Harvard, Vancouver, ISO, and other styles

23

Jarrett, Sadie. "Credibility in the Court of Chancery: Salesbury v. Bagot, 1671-1677." Seventeenth Century 36, no. 1 (November 21, 2019): 55–79. http://dx.doi.org/10.1080/0268117x.2019.1694060.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Flannigan, Laura. "Litigants in the English “Court of Poor Men's Causes,” or Court of Requests, 1515–25." Law and History Review 38, no. 2 (November 5, 2019): 303–37. http://dx.doi.org/10.1017/s0738248019000440.

Full text

Abstract:

The early-Tudor English government oversaw the rise of various centralised courts offering the king's subjects access to extraordinary justice in their private suits. One such new arena was the ‘Court of Requests’, an early equity or conscience court long overshadowed in histories of the period by the better-known courts of Star Chamber and Chancery. This article analyses the little-studied Requests archives to ask who sued there and when/why the court became associated with specifically poor men's causes. Focusing on the formative decade of ‘popularisation’ between 1515 and 1525, it finds that whilst litigants appear to have been largely from the lower sectors of society compared to their counterparts in the other conciliar courts, most petitioners opted for imprecise, rhetorical and non-static descriptions of their relative poverty – defined not just economically, but also in terms of age, property, and kin – in comparison to their opponents, appealing to the specific interpretation of conscience in Requests. The article thus scrutinises the methodologies we use for uncovering the demography of early-modern central courts, and has implications for understanding litigants' legal strategies, recorded identification as distinct from self-identification, and the theory and practice behind commonly-held ideals about the provision of royal justice for the ‘poor’.

APA, Harvard, Vancouver, ISO, and other styles

25

Lobban, Michael. "Preparing for Fusion: Reforming the Nineteenth-Century Court of Chancery, Part II." Law and History Review 22, no. 3 (2004): 565–99. http://dx.doi.org/10.2307/4141689.

Full text

Abstract:

As demonstrated in Part I, the question of Chancery reform before 1827 was much debated in party terms and focused largely on Lord Eldon's shortcomings as a decision-maker. After Eldon's departure, it largely ceased to be a party-political issue, although by 1830 law reform in general was firmly on the political agenda. With Eldon gone, there was much common ground on the outlines of Chancery reform. This can be seen from the plan proposed in the Commons by the conservative Sir Edward Sugden in December 1830. Sugden suggested creating a court of appeal for equity, on which the Lord Chancellor, Master of the Rolls, Chief Baron, and Vice Chancellor would sit. He proposed reforms in the masters' offices, under which they would be paid salaries rather than fees, and he wanted masters to sit in open court, with limited judicial functions. He also advocated retrenchment of sinecures and the removal of payment by fees. These ideas were all echoed in the new reformist Chancellor Brougham's proposals for the court, which he elaborated in the spring of 1831.

APA, Harvard, Vancouver, ISO, and other styles

26

Hill, Christopher. "A Note on the Theology of Burial in Relation to some Contemporary Questions." Ecclesiastical Law Journal 7, no. 35 (July 2004): 447–51. http://dx.doi.org/10.1017/s0956618x00005627.

Full text

Abstract:

Requests for exhumation are increasing. Home Office licences appear to be more easily granted than heretofore. Consistory Court applications have multiplied, as witness the case notes in this Journal, and both the Chancery Court of York in Re Christ Church, Alsager and the Arches Court of Canterbury in Re Blagdon Cemetery have given judgments on appeal. Significant articles have appeared in this Journal from Rupert Bursell and Philip Petchey.

APA, Harvard, Vancouver, ISO, and other styles

27

Liseitsev, Dmitrii V. "The Commemoration Chancery: New Evidence about a Little-Known Institution in 17th-Century Muscovy – Панихидный приказ." Canadian-American Slavic Studies 52, no. 1 (March 22, 2018): 67–74. http://dx.doi.org/10.1163/22102396-05201001.

Full text

Abstract:

Abstract This article treats one of the least-known administrative institutions in Muscovy in the seventeenth century: the Commemoration Chancery (or Panikhidnyi prikaz). The discovery of previously unknown materials allows us for the first time to consider the timing of, and reasons for, the creation of this chancery. Income and Expenditure Books (Prikhodno-raskhodnye knigi) from the tsar’s Treasury (Kazennyi prikaz) include previously unnoticed references to the Commemoration Chancery, the earliest reference dating to 1616 – a full decade earlier than the previous first mention of the chancery in sources. An analysis of the available records suggests that the Commemoration Chancery during the reign of the first Romanov tsar, Mikhail Fedorovich (1613–1645), was originally an integral part of the Chancery of the Great Court, not a separate entity. This study also suggests that the chancery was set up during the early years of the reign of Tsar Mikhail Fedorovich in order to organize religious commemoration services (panikhidy) for previous Russian rulers, with the evident goal of helping to link the Romanovs to the old dynasty and thereby bolster the new dynasty’s legitimacy on the throne.

APA, Harvard, Vancouver, ISO, and other styles

28

Sparrow, Reader –. Charles. "The Fayrest Inne (Staple Inn Reading 1998)." British Actuarial Journal 4, no. 5 (December 1, 1998): 1059–69. http://dx.doi.org/10.1017/s1357321700000283.

Full text

Abstract:

ABSTRACTAs part of the 150th anniversary celebrations of the actuarial profession, the link between Gray's Inn and Staple Inn is being renewed with the appointment by Gray's Inn of a Reader, who will give an annual lecture at Staple Inn as a contribution to legal and actuarial education.The first reading for some 300 years gives an outline of the history of Staple Inn, from its origin in the fourteenth century as a ‘Staple’, a customs house for wool, later becoming an Inn of Chancery of one of the four Inns of Court, Gray's Inn. It was in the Inns of Chancery that training was given to law students. The progression of English law and of the training of law students are outlined, particularly how they affected Staple Inn and its subordinate relationship to Gray's Inn. The eventual loosening of the ties between the Inns of Court and the Inns of Chancery, the end of the involvement of Staple Inn with the legal profession, and the coming of the Institute of Actuaries to Staple Inn are all described.

APA, Harvard, Vancouver, ISO, and other styles

29

Milhous, Judith, and Robert D. Hume. "Eighteenth‐century Equity Lawsuits in the Court of Exchequer as a Source for Historial Research." Historical Research 70, no. 172 (June 1, 1997): 231–46. http://dx.doi.org/10.1111/1468-2281.00041.

Full text

Abstract:

Abstract Equity lawsuits in the court of Exchequer remain neglected by historical scholars. They present a treasure‐trove for historians, literary scholars, musicologists and others: any suit that could be brought in Chancery between the mid‐seventeenth century and 1841 could equally well be brought in Exchequer. Relying largely on name searches, we have discovered more than fifty suits connected with our own interests in theatre and opera history. Organization (and hence the search process) differs significantly from Chancery, but we have provided a kind of beginner's guide to the records as well as illustrations of the sorts of discoveries we have made.

APA, Harvard, Vancouver, ISO, and other styles

30

Horwitz, Henry, and Patrick Polden. "Continuity or Change in the Court of Chancery in the Seventeenth and Eighteenth Centuries?" Journal of British Studies 35, no. 1 (January 1996): 24–57. http://dx.doi.org/10.1086/386095.

Full text

Abstract:

No reader of Bleak House is likely to forget its scathing portrayal of the excesses of the unreformed Court of Chancery in the handling of Jarndyce v. Jarndyce. From its publication in 1852–53, it has created an indelible image of the Court, so powerfully influencing historians as well as laymen that it is sometimes hard to remember that it is fiction, and polemical fiction at that. The fiction, however, is built on a secure bedrock of fact; the voluminous testimony and submissions made by Dickens's contemporaries to a series of parliamentary inquiries on the legal system furnish ample backing for much of his “bill of complaint” on such scores as delay and expense, procedural technicality, and inconclusiveness of outcome. Thus, John Forster, a partner in one of the biggest firms in Lincoln's Inn, called the Court's delays “heart-sickening” and characterized its “modes of proceedings … as little adapted to the ordinary duration of human life as they are calculated for the determination of differences and the quiet of possessions”; in the same vein, a future master of the rolls averred that “cases have occurred, within my knowledge, in which the whole property to be administered in Chancery, has proved insufficient to pay the costs of the suit.”As with the early nineteenth-century attacks on the unreformed House of Commons and the traditional electoral system, denunciations of the Court of Chancery's failings have a long history and, often, a repetitive quality.

APA, Harvard, Vancouver, ISO, and other styles

31

Winkel, Laurens. "Preliminary rulings of the European Court of Justice and their precursors." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 75, no. 2 (2007): 231–37. http://dx.doi.org/10.1163/157181907781352618.

Full text

Abstract:

AbstractThe possible precursors of the preliminary rulings according to § 234 of the Treaty of the European Union are examined with emphasis on the practice in the Imperial Chancery of the Roman Empire, on Einleitung § 47 of the Prussian Allgemeines Landrecht and on the French référé législatif.

APA, Harvard, Vancouver, ISO, and other styles

32

Horwitz, Henry. "Record‐keepers in the Court of Chancery and their ‘Record’ of Accomplishment in the Seventeenth and Eighteenth Centuries." Historical Research 70, no. 171 (February 1, 1997): 34–51. http://dx.doi.org/10.1111/1468-2281.00030.

Full text

Abstract:

Abstract This article describes the conflict over authority and fees which came to a head in 1791 between two groups of officials within the court of chancery, the Sworn Clerks and the Six Clerks, and considers how far the recurrent conflict adversely affected the preservation of the court's records. It gives an account of record‐keeping in the context of these clashes and explores the surviving records of chancery equity proceedings in the Public Record Office. Users of these records are alerted that, although voluminous, they are far from complete.

APA, Harvard, Vancouver, ISO, and other styles

33

Morrison, Matthew. "Whose privilege is it anyway?" Trusts & Trustees 25, no. 10 (December 1, 2019): 1041–49. http://dx.doi.org/10.1093/tandt/ttz108.

Full text

Abstract:

Abstract The £10 subject access request served by Ashley Dawson-Damer on Taylor Wessing LLP (TW) in August 2014 has already resulted in two substantial hearings in the Chancery Division1, and a two-day trip to the Court of Appeal. It is understood that the case is headed back to the Court of Appeal and that the appeal will be heard at some point in the new year.

APA, Harvard, Vancouver, ISO, and other styles

34

Mirow, M. C. "The Court of Common Pleas of East Florida 1763-1783." Tijdschrift voor rechtsgeschiedenis 85, no. 3-4 (December 14, 2017): 540–76. http://dx.doi.org/10.1163/15718190-08534p06.

Full text

Abstract:

Legal historians have surmised that court records of the British province of East Florida (1763-1783) have been either lost or destroyed. This assumption was based on the poor conditions for survival of documents in Florida and statements made in the secondary literature on the province. Nonetheless, a significant number of documents related to the courts of British East Florida exist in the National Archives (Kew). These materials reveal an active legal culture using English law in a wide range of courts including (1) the Court of Common Pleas; (2) the Court of Chancery; (3) the Court of General Sessions of the Peace, Oyer et Terminer, Assize and General Gaol Delivery; (4) Special Courts of Oyer et Terminer; (5) the Court of Vice-Admiralty; (6) the Court of Ordinary; (7) the General Court; and (8) a District Court. This article studies a portion of the documents related to the Court of Common Pleas to describe the nature of the court’s practice in civil litigation. It closely examines three cases for which sufficient extant pleadings permit the reconstruction of the general contours of recovery for breach of a sales contract through an action of trespass on the case, for contract enforcement through an action of covenant, and for recovery of a sum certain through an action of debt. The small window provided by these cases into the activities of this court reveals a heretofore unknown world of English common law in North America during and after the American Declaration of Independence. This new information supplements and challenges our established understanding of colonial law in North America in the revolutionary period and the use of law in the British Empire. This study illustrates the many opportunities these sources offer to legal historians of the period.

APA, Harvard, Vancouver, ISO, and other styles

35

Reynolds, Michael. "In Chancery: The Genesis of Micro Caseflow Management." Amicus Curiae 1, no. 2 (March 2, 2020): 165–200. http://dx.doi.org/10.14296/ac.v1i2.5129.

Full text

Abstract:

This article explores an early example of subordinate judicial practice in England and Wales in which we may see some issues that later appear in the relationship between informal justice initiatives (especially alternative dispute resolution) and the civil justice system. Broadly speaking, the paper looks first at the symptoms of systemic failure in the pre-1873 system which led to the creation of the Official Referee’s office. It then considers the relevant recommendations of the Judicature Commissioners and the reasoning behind such recommendation, looking at both the macro- and the micro-levels, before exploring the referees’ diverse jurisdiction which provided a creative foundation for the evolution of interlocutory innovation. The article argues that structural realignment of the court system by the Judicature Commissioners was not sufficient in itself to eradicate all its encumbrances, but it indirectly empowered the referees to eventually bring about revolutionary procedural changes.

APA, Harvard, Vancouver, ISO, and other styles

36

Nixon, Cheryl. "Legal and Familial Recordkeeping: Chancery Court Records and Charlotte Smith'sThe Old Manor House." Literature Compass 2, no. 1 (January 2005): **. http://dx.doi.org/10.1111/j.1741-4113.2005.00155.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Doe, Norman. "The Court of Arches: Jurisdiction to Jurisprudence – ‘Entirely Settled’?" Ecclesiastical Law Journal 23, no. 3 (August 23, 2021): 322–41. http://dx.doi.org/10.1017/s0956618x21000387.

Full text

Abstract:

The Arches Court, the court of appeal of the Province of Canterbury in the Church of England, has existed for more than 700 years. Its evolution – driven by principle, politics and pragmatism – is a fascinating reflection of a key tribunal in the court system of the English Church, and the site of major historical and often contentious developments within the Church. Its appellate status has not changed; it still has jurisdiction over faculties and clergy discipline; its judge is still appointed by the archbishop; and its jurisprudence has contributed much to the development of English ecclesiastical law. However, over the centuries its jurisdiction has contracted; the courts to which appeals against its decisions lie have changed; its historical lawyers of civilian advocates and proctors have been replaced by common law barristers and solicitors; the title for its judge, Dean of Arches, has survived by accident; its procedure has been simplified; and its decisions have throughout its history been respected but today have the authority of binding precedents. The article takes the story up to 2018, when the Ecclesiastical Jurisdiction and Care of Churches Measure provided that a decision of the Arches and of the provincial Chancery Court of York is today to be followed as if it were a decision of the other court.

APA, Harvard, Vancouver, ISO, and other styles

38

Marzec, Łukasz. "PRAWO RZYMSKIE W DAWNEJ ANGLII W ŚWIETLE POGLĄDÓW ARTURA DUCKA (WYBRANE ZAGADNIENIA)." Zeszyty Prawnicze 6, no. 2 (June 22, 2017): 117. http://dx.doi.org/10.21697/zp.2006.6.2.08.

Full text

Abstract:

The Views of Arthur Duck on Roman Law in EnglandSummaryThe aim of this paper is to discuss the views of sir Arthur Duck on the influence and power of Roman Law in England up to 17th century, which he analysed in his work De Usu et Authoritate Juris Civilis Romanorum in Dominiis Principum Christianorum first published in 1652. Chapter 8 of this book seems to be an important source for the contemporary research. Duck, a legal practitioner, a politician and a D. C. L. presented a unique view on the matter. A detailed study shows that the following areas and solutions of the English legal system bear signs of the Roman influence: courts (e. g. Court of Chancery, Court of Admiralty, Court of the Constable and Marshall), lectures at the Oxford University, Vacarius school of law, early English legal writings, legal theory and science. Duck was probably the first to notice and mark the striking similarity between Roman procedure of the ius honorarium and the English equity. He disagrees with the general opinion that the Roman Law exercised no authority in England.

APA, Harvard, Vancouver, ISO, and other styles

39

Petchey, Philip. "Exhumation Reconsidered." Ecclesiastical Law Journal 6, no. 29 (July 2001): 122–34. http://dx.doi.org/10.1017/s0956618x00000582.

Full text

Abstract:

In an article in this journal published in 1998 entitled ‘Digging Up Exhumation’, Rupert Bursell, Chancellor of the Dioceses of Durham and St Albans, surveyed the then existing case law on exhumation and identified divergencies of approach between the cases. He concluded: ‘A definitive decision from the Court of Arches and Provincial Court may, therefore, seem to be called for […]’. Shortly afterwards the Chancery Court of York had occasion to consider the matter in Re Christ Church, Alsager. This article considers that case as well as two cases subsequent to it where the impact of Article 9 of the European Convention on Human Rights has fallen to be considered.

APA, Harvard, Vancouver, ISO, and other styles

40

Brown, Kate Elizabeth. "Rethinking People v. Croswell: Alexander Hamilton and the Nature and Scope of “Common Law” in the Early Republic." Law and History Review 32, no. 3 (August 2014): 611–45. http://dx.doi.org/10.1017/s0738248014000248.

Full text

Abstract:

While serving in the New York Assembly in 1787, Alexander Hamilton identified a problematic clause in New York's constitution. Remarking on an act for settling intestate estates, Hamilton asked, “The question is what is meant in the constitution, by this phrase ‘the common law’?” He went on to describe an important distinction in his legal and constitutional thought: These words have in a legal view two senses, one more extensive, the other more strict. In their most extensive sense, they comprehend the [British] constitution, of all those courts which were established by memorial custom, such as the court of chancery, the ecclesiastical court, &c. though these courts proceed according to a peculiar law. In their more strict sense, they are confined to the course of proceedings in the courts of Westminster in England, or in the supreme court of this state. After suggesting that the constitution's reference to “common law” encompassed more than just the case reports generated by the central courts in Westminster, Hamilton determined that, “I view it as a delicate and difficult question; yet, I am inclined to think that the more extensive sense may be fairly adopted.” Although Hamilton referred here only to the intestacy bill, the distinction between a “strict” and an “extensive” common law would animate his constitutional and legal thought, many years later, during his famous defense of Federalist publisher Harry Croswell.

APA, Harvard, Vancouver, ISO, and other styles

41

Conlon, Donald E., and Daniel P. Sullivan. "Examining the Actions of Organizations in Conflict: Evidence From the Delaware Court of Chancery." Academy of Management Journal 42, no. 3 (June 1999): 319–29. http://dx.doi.org/10.5465/256922.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Conlon, D. E., and D. P. Sullivan. "EXAMINING THE ACTIONS OF ORGANIZATIONS IN CONFLICT: EVIDENCE FROM THE DELAWARE COURT OF CHANCERY." Academy of Management Journal 42, no. 3 (June 1, 1999): 319–29. http://dx.doi.org/10.2307/256922.

Full text

APA, Harvard, Vancouver, ISO, and other styles

43

Szabó, Marcel. "The Case of Franz Joseph and Lajos Kossuth before the English Court of Chancery." Hungarian Yearbook of International Law and European Law 1, no. 1 (December 2013): 259–77. http://dx.doi.org/10.5553/hyiel/266627012013001001014.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Beihammer, Alexander. "Multilingual literacy at the Lusignan court: the Cypriot royal chancery and its Byzantine heritage." Byzantine and Modern Greek Studies 35, no. 2 (September 2011): 149–69. http://dx.doi.org/10.1179/030701311x12906801091719.

Full text

APA, Harvard, Vancouver, ISO, and other styles

45

Blair, Margaret M. "Of Corporations, Courts, Personhood, and Morality." Business Ethics Quarterly 25, no. 04 (October 2015): 415–31. http://dx.doi.org/10.1017/beq.2015.32.

Full text

Abstract:

ABSTRACT:Since the dawn of capitalism, corporations have been regarded by the law as separate legal “persons.” Corporate “personhood” has nonetheless remained controversial, and our understanding of corporate personhood often influences our thinking about the social responsibilities of corporations. This essay, written in honor of Prof. Thomas Donaldson, explores the tension in recent decisions by the U.S. Supreme Court and the Delaware Chancery Court about what corporations are, whose interests they serve, and who gets to make decisions about what they do. These decisions suggest that the law does not unequivocally support Donaldson’s vision of corporations as “moral” persons.

APA, Harvard, Vancouver, ISO, and other styles

46

Crow, Matthew. "Thomas Jefferson and the Uses of Equity." Law and History Review 33, no. 1 (February 2015): 151–80. http://dx.doi.org/10.1017/s0738248014000522.

Full text

Abstract:

In 1795, a disgruntled George Wythe published his own edition of decisions from Virginia's newly formed High Court of Chancery, of which he was the sitting judge. Wythe's volume was replete with rebukes of his fellow justices in the court system for their lack of erudition and grounding in the distinctive principles and procedures of common law and chancery jurisdictions. His own copy of the volume, which, like many of his books that found their way into the library of his prize pupil, Thomas Jefferson, includes Wythe's handwritten appendix to the series of references he had made to classical literature and rhetoric in his own remarks, including several to the legal arguments of Demosthenes, and most strikingly to Sophocles'Antigone. Like much of their correspondence, their respective legal arguments as attorneys, and Thomas Jefferson's own massive commonplace books of common law and equity jurisprudence, Wythe's extensive commentaries signify not only the continued appeal and display of an early modern humanist legal and intellectual culture, but also the centrality and power of the idea of equity in that culture and for its successors acting in the Atlantic and imperial constitutional crisis of the second half of the eighteenth century.

APA, Harvard, Vancouver, ISO, and other styles

47

Musson, A. "The Men of Court, 1440 to 1550: A Prosopography of the Inns of Court and Chancery and the Courts of Law (Vols. 1-2), ed. John Baker." English Historical Review 129, no. 541 (November 14, 2014): 1480–82. http://dx.doi.org/10.1093/ehr/ceu278.

Full text

APA, Harvard, Vancouver, ISO, and other styles

48

Bailey, Merridee L. "“Most Hevynesse and Sorowe”: The Presence of Emotions in the Late Medieval and Early Modern Court of Chancery." Law and History Review 37, no. 1 (February 2019): 1–28. http://dx.doi.org/10.1017/s0738248019000026.

Full text

Abstract:

Finding emotions in medieval and early modern sources is one of the more difficult challenges currently facing historians. The task of uncovering emotions in legal records is even more fraught. Legal sources were precisely crafted to meet legal requirements and jurisdictional issues. Equally, emotions were not part of the jurisdiction of any court in the late Middle Ages or early modern period and there was no legal interest in eliciting them from litigants. Why then would we begin to think it is possible to find emotions in these legal records? This article invites social and legal historians to begin considering these questions by investigating the emotions in cases brought into the court of Chancery between 1386 and 1558.

APA, Harvard, Vancouver, ISO, and other styles

49

Sullivan, Daniel P., and Donald E. Conlon. "Crisis and Transition in Corporate Governance Paradigms: The Role of the Chancery Court of Delaware." Law & Society Review 31, no. 4 (1997): 713. http://dx.doi.org/10.2307/3053985.

Full text

APA, Harvard, Vancouver, ISO, and other styles

50

Hare, Christopher. "FAMILY DIVISION, 0; CHANCERY DIVISION, 1: PIERCING THE CORPORATE VEIL IN THE SUPREME COURT (AGAIN)." Cambridge Law Journal 72, no. 3 (November 2013): 511–15. http://dx.doi.org/10.1017/s0008197313001049.

Full text

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!