Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Equity Courts._--In a few states the distinction between law and equity
is still maintained, and equity jurisdiction is intrusted to a distinct
class of courts. Equity had its origin in the practice of the King of
England in early times in granting relief to suitors who, owing to the
deficiencies of the common law, could not obtain relief through the
courts of law. In time all such petitions came to be addressed to an
officer who stood very close to the king and who was called the
chancellor. Out of this office there were ultimately evolved the
chancery courts which administered justice, not according to the law,
but according to a less technical body of rules called equity. Thus
there came to be two bodies of rules according to which justice was
administered, and two classes of courts through which it was done. The
jurisdiction of equity courts included such matters as trusts, accounts,
fraud, mistake or accident, and the like. Equity could also prevent
wrongs, while law could only punish them.[16] Thus a court of equity
could command a person to do something for the benefit of an injured
person, or restrain him from committing an injury, while a court of law
could only award him damages after the injury had been done--a remedy
often worthless or inadequate. The English system of equity, like the
common law, was transplanted to America, and both are still in force
here except in so far as they have been modified by legislative acts.
England, however, abolished the separate system of equity courts in
1873, and left the law courts to administer equity wherever it was
applicable. Likewise, in the United States, separate equity courts have
been done away with in all except five states, leaving the same courts
to administer both law and equity.
[16] Baldwin, The American Judiciary, p. 133.
=The Judges of Courts.=--_Qualifications._--Generally no qualifications
for the judicial office are prescribed by law, except in a few states
where it is required that judges shall be lawyers or be "learned in the
law." As a matter of fact, however, judges are nearly always lawyers,
except in the case of justices of the peace and police magistrates,
where extensive knowledge of the law is not essential.
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