Vocabulary tasks

A Match the English words and expressions with their Russian equivalents.

1adopt 2legal 3injunction 4prevail 5fair play 6cite 7judicial decision 8involve 9equity principles 10absorb 11performance of contract 12concept of justice 13follow the law 14right of remedy	aцитировать bпринципы справедливости cсудебное решение dисполнение контракта eпоглощать fпринимать gконцепция справедливости hсудебный запрет iправо на судебную защиту jследовать закону kправовой lвключать в себя mпреобладать nцитировать
	For You to Know Court of Chancery 1Канцлерский суд (в Великобритании до 1873г.); 2 амер. Суд системы «права справедливости» chancellor 1канцлер; 2главный судебный представитель суда справедливости (в некоторых штатах Америки) Lord ChancellorЛорд-канцлер (главное судебное должностное лицо, спикер палаты лордов, член кабинета министров) Judicatureсудоустройство; юрисдикция King’s BenchСуд королевской скамьи (до 1873 г.); Court of King’s Bench Supreme CourtВерховный суд

B Match the legal terms with their definitions.

1equity   2Court of Chancery 3remedy   4maxim   5King’s Bench   6case 7Judicature

alegal relief that prevents a wrong, enforces a right, or compensates a party for harm ba judge’s function, or authority chistorically, the highest common-law court in England dthe body of principles constituting what is fair and right ea question or problem that will be dealt with by a law court fa traditional legal principle ga court of equity

C Complete the text with the words from the box.

common (2) criminal barons Supreme maxims equity judge-made civil decentralized King’s Bench permanent facts redress Chancery Judicature justice remedies judges decided fairness separate

Before the Norman Conquest the law in England was 1) ______. Fear of the power of local 2) ______ led Henry II to create a 3) _______ royal court in London called the 4) ______. 5) ______ from this court would travel the country hearing 6) ______and 7) ______ cases. The central court in London 8) ______ the legal issue in a case and this would be applied to the 9) ______in the regional courts. In this way a 10) ______ system of law was developed which was 11) ______ to most parts of the country.

Equity was developed by the Court of 12) ______. It introduced new 13) ______ to provide 14) ______ for disappointed litigants. The common law courts were 15) ______ from the Court of Chancery until a single court was established by the 16) ______ Act 1873. Each branch of the 17) ______ Court of Judicature can administer 18) ______ law and 19) ______. However, the difference between the two is still important because of the 20) ______ of equity. These illustrate that equity is based on 21) ______ and 22) ______.

D Write down the Russian equivalents for the words in bold type.

Equity came into being in the Middle Ages because common law was not always able to give redress to all litigants. The Court of Chancery provided equitable relief when it thought that the common law remedy was inequitable. Until 1875 there were two courts – the common law court and the Court of Chancery. The Judicature Court established a single court, the Supreme Court of Judicature. When the common law and laws of equity conflict, the laws of equity should prevail.

Over to you

Discuss this problem.

Thedefinition of common law contrasts the body of law developed by the common-law courts and statute law, with Equity - the body of law originally formulated and developed by the Lord Chancellor and the Court of Chancery. Equity is a complex area of English law, mainly concerned with the law of property. The purpose of Equity was to add to or supplement common-law rules in cases where these were too rigid to give justice. These two parallel systems of justice exist side by side in English law and since 1873 they have been administered by the same courts.

The following example will show the different effect of common law and Equity in an actual case:

Suppose that Smith and Jones form a contract in which Smith agrees to sell Jones a certain piece of land. Smith later changes his mind and breaks the contract. At common law the court will order Smith to pay Jones money as compensation for the land he has lost. In Equity the court has discretion to order Smith to perform his part of the contract (to transfer the piece of land to Jones) if this is fair in the circumstances.

What is the difference between the result given by Equity and common law in the example?

Text D

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