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"These samples were taken as a part of the research carried out ... for the preparation of A Guide to Chancery Equity Records and Proceedings 1600-1800, a Public Record Office Handbook ... As the term 'sample' suggests, each of the four lists that follows only covers a small fraction of any single class of Chancery equity records. This fact, as well as the bulk of the lists, suggested it would be more appropriate to make them available as a supplement to the handbook rather than as part of it.".
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This practitioner's guide to the Delaware Court of Chancery, provides practical guidance on litigation strategy and tactics. The Chancery Court's leading authorities provide a thorough analysis on matters unique to this special tribunal, including personal and subject matter jurisdiction of the Delaware Court of Chancery, derivative and class actions, preliminary injunctions and temporary restraining orders, summary proceedings and equitable remedies and defenses. This volume is updated annually.
This is a revised edition of a guide to the exploration of the voluminous records of Chancery equity proceedings in the Public Record Office. It takes account of the results of the transfer of these records to Kew, to assure the guide's continuing availability to researchers. Additions include an appendix analyzing the contents of the Bernau Index and providing guidelines for its use, a review of the location and organization of the main finding aids to Chancery equity records at Kew, and a description of newly-completed listings of Chancery classes. The text also incorporates the results of ongoing research on Chancery (and Exchequer) equity proceedings.
The Crown's Servants is a major new study of English central government and the royal court from the Restoration of the monarchy in 1660 to the death of Charles II in 1685. A sequel to the author's two earlier studies, of royal officials under Charles I (1625-1642) and office-holders under the Commonwealth and the Cromwellian Protectorate (1649-1660), it sets out to explore the extent to which the restoration of the monarchy undid the changes brought about under the Republic. The author looks at the institutions of government, its methods and procedures, the terms and conditions of service, and its personnel both collectively and individually. He considers the policies, tasks, successes, and failures of the regime, and relates these to the process of state formation and to the impact of the state on society. This is both the culmination of a lifetime's work and a crucial contribution in its own right to the history of seventeenth century England and the development of English government.
"Pleadings' constitute the initial stage of an equity or 'English bill' suite. They consist of the litigant's complaint and, in may but by no means all instances, the defendant's answer or other response (disclaimer, demurrer or plea), along with any subsequent pleadings (principally, the plaintiff's replication to the answer and the defendant's rejoinder to the replication)." -- from introduction.
This study reconstructs the lives of urban business families during England's emergence as a world economic power.
Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.