Law Commons^™

Past The Pillars Of Hercules: Francis Bacon And The Science Of Rulemaking, Daniel R. Coquillette

University of Michigan Journal of Law Reform

The parallels between Bacon's career and that of Edward H. Cooper are, of course, obvious. Bacon was one of the great legal minds of his day. Unlike the common-law judges who formed the law by deciding cases, Bacon expressed his greatness in writing brilliant juristic treatises and, as Lord Chancellor, drafting one of the first modern rule systems, the Ordinances in Chancery (1617-1620). Indeed, my thesis is that Bacon invented modern, scientific rulemaking by fusing his new theories of inductive, empirical research with the traditions of equitable pleading and is, in fact, the intellectual forbearer of the likes of Charles …

The Common Law Is Not Just About Contracts: How Legal Education Has Been Short-Changing Feminism, Charles E. Rounds Jr.

University of Richmond Law Review

No abstract provided.

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.

The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The municipal Jaw of England is divided into common Jaw and equity. This is so because in the middle ages, the judges of the courts of common law (the Court of Common Pleas and the Court of King's Bench) believed that they could not expand the existing law in order to solve new problems. They thought that they were bound by the established Jaw as found in their own earlier judicial opinions. Furthermore, they felt that it was the function of Parliament to change the law; therefore, it would be an unconstitutional usurpation of the legislative power for the courts …

Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin

Michigan Law Review

The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set …

Federal Procedure--Third-Party Practice--Contbibution Among Joint Or Concurrent Tort-Feasors, Paul M.D. Harrison

Michigan Law Review

A sued B for injuries arising out of a collision between B's taxicab and an automobile driven by C, in which A was riding as a guest passenger. B filed a third-party complaint against C, who denied B's allegation of negligence and counterclaimed against B for personal injuries. A did not amend his complaint to assert a claim against C. The jury found that A's injury was caused by the concurrent negligence of B and C. Judgment for $11,500 was given to A against B, and B was awarded a judgment against …

Seagle: Men Of Law From Hammurabi To Holmes, Merrill N. Johnson S.Ed.

Michigan Law Review

A Review of MEN OF LAW FROM HAMMURABI TO HOLMES. By William Seagle.

Declaratory Judgments- Extension Of Protection Against Injuries To Personality

Michigan Law Review

The widespread acceptance of the declaratory judgment as a statutory supplement to common law and equitable remedies has raised some searching questions as to the relation between right and remedy in Anglo-American law. The declaratory judgment can operate in anticipation of specific wrongs that would be a basis for ordinary legal or equitable relief. It does not depend for its efficacy on the use of the familiar remedies of law and equity - that is, on damages, specific restitution in replevin and ejectment, and the injunction and specific enforcement in equity. The question may therefore be asked whether the development …

The Scope Of Judicial Review, Edson R. Sunderland

Michigan Law Review

There was nothing known to the common law which was, or could properly be called, a true appeal from one court to another, and this was so in England until the judicature act of 1873. There were, however, certain imperfect and restricted methods by which some sort of redress could be had for an unjust decision.

A Rational Theory For Joinder Of Causes Of Action And Defences, And For The Use Of Counterclaims, William Wirt Blume

Michigan Law Review

In discussing, first, the joinder of actions it will be convenient to consider three groups or classes of cases:

Class I : Where one plaintiff (or joint plaintiffs) unites in a single proceeding two or more causes of action against one defendant (or joint defendants).

Class 2: "Where two or more plaintiffs, each having a cause of action against the same party (or parties), unite their causes of action in one proceeding.

Class 3: Where one plaintiff (or joint plaintiffs) having several causes of action, each against a different party, unites them in one proceeding.

In considering each group or …

Interest On Claims In Receivership Proceedings, Ralph E. Clark

Michigan Law Review

Outside the cases of receivership, the Supreme Court of the United States has said: "We reach the conclusion that whatever may have been the English and early American rule, the tendency in Virginia as elsewhere in this country, is to allow interest on contracts to pay money from the date that the debt becomes due."'

A New Function For Courts - Declaring The Rights Of Parties, Edson R. Sunderland

Articles

In a recent opinion of the Supreme Court of the United States Justice Holmes makes this interesting observation:- "The foundation of jurisdiction is physical power, although in civilized times it is not necessary to maintain that power throughout proceedings properly begun." Paraphrased, the statement comes to this: In early times the basis of jurisdiction is the existence and the constant assertion of physical power over the parties to the action, but as civilization advances the mere existence of such power tends to make its exercise less and less essential.

Some Aspects Of Fifteenth Century Chancery, Willard T. Barbour

Articles

IT is now more than thirty years since Justice Holmes in a brilliant and daring essay set on foot an inquiry which has revealed the remote beginnings of English equity. Equity and common law originated in one and the same procedure and existed for a long time, not only side by side, but quite undifferentiated from each other. Their origin is to be found in the system of royal justice which the genius of Henry II converted into the common law; but this royal justice was in the beginning as much outside of, or even antagonistic to, the ordinary judicial …

The History Of Contract In Early English Equity, W. T. Barbour

Books

“Mr. Barbour’s contribution to the Studies is an attempt to characterize with some precision and detail the functions of the Chancery in the fifteenth century. The court was gradually differentiated from the King’s Council, and the writs of Edward III’s time calling on persons to appear under penalty of a fine or imprisonment (subpoena), and other special injunctions, was generally framed in terms which leave it undecided whether proceedings were to be taken by the King’s Council, or by the Council under the chairmanship of the Chancellor himself with or without the aid of assessors. By the time of Richard …

The New Federal Equity Rules, Robert E. Bunker

Articles

On November 4, 1912 the Supreme Court of the United States, by formal order, adopted and established a code of rules for the courts of equity of the United States, which should take the place of all rules theretofore prescribed by the Supreme Court and then in force. Rule 81 provides: "These rules shall be in force on and after February 1, 1913, and shall govern all proceedings in cases then pending or thereafter brought, save that where in any then pending cause an order has been made or act done which cannot be changed without doing substantial injustice, the …

Equity: 1899-1900 Second Year, Donald Frank Matheson

Thompson Rare Book Collection

This notebook was used by D. Frank Matheson, an alumnus of Dalhousie Law School, Class of 1901, in his second year Equity Law class.

The Matheson Notebooks are a collection of seven bound notebooks used by Frank Matheson during his time at Dalhousie School of Law between 1898 and 1901. In 2018, they were found in the basement of a Lunenburg law firm and donated to Schulich School of Law. There are two or three notebooks from each year of Matheson’s studies, ranging slightly in size and style. The notebooks have pages made from linen rags, are bound with paper …

An Analysis Of The Principles Of Equity Pleading : Containing A Compendium Of The High Court Of Chancery, And The Foundation Of Its Rules : Together With An Illustration Of The Analogy Between Pleadings At Common Law And In Equity, D. G. Lube, Bradley M. Thompson

Books

Since the publication in 1823 by Mr. D. G. Lube of his Principles of Equity Pleading that work has been recognized by the profession as a standard treatise upon that subject. The two generations of lawyers and judges who have come and gone since Lube wrote have contributed little to the a~t and science of equity pleading, so that to-day Lube's work is the best in existence. In this edition of the second part of his work the Editor has added little to the text of importance and has omitted substantially nothing. The only object he had in view in …

A Manual Of Equity Pleading And Practice, Bradley M. Thompson

Books

The following manual is intended simply as an introduction to the study of Equity Pleading and Practice, and to the course of lectures delivered upon that subject. The manual has been divided into lectures for the purposes of indicating the ground which a particular lecture will cover. It is expected that the student will master the printed synopsis before attending a given lecture.

Materials Of Jurisprudence, James V. Campbell

Articles

This period is marked by rather more strenuous efforts than have been made before in this country, to solve the problem of condensing and simplifying the law. Our own day is peculiar in the endeavors we have seen to evolve what is claimed to be a science of jurisprudence. Some admirable writers have succeeded in dividing the domain of law into its larger or smaller fields, and have shown with more or less fulness the relative positions of these, and their mutual dependence. This is a valuable service; for all lawyers know that, without a reasonably clear perception of the …