The constitution provided based on common law, equity and admiralty. Equity defined as the correction of defect or error in the law. Aristotle defined the equity as an exception to the rule where the law providers makes defective and erroneous.
Equity has been developed to forced to come since the law suffered with the reasons like universality, refusal of judges in civil law/common law and strict application of rule is not possible. Historically the court of chancery or separate of equity were available. Equity means no discrimination should be made while applying legislations, laws, and policies of the country. All are equal before law.Common law is a legal system.
Based on the common law only, many countries established the laws in the country. The common laws developed traditionally. It should be remembered that this common law may not be written anywhere. But the local people clearly will tell and forced to perform even they are not interested.
Generally the common law applied in civil cases. Common law is the replaced by Civil law. Application of the civil law and common law are more increased with the jurisprudence i. e. case laws.Civil laws Civil laws are governed by a written code.
The States in the Country will have civil courts and criminal courts. The 14th Amendment of the constitution in United States defined clearly that there should not be two-court system like common law and civil law. So civil law only available. The civil law comes to existence due to common law failed during civil war for which the suspension of writ of Habeas Corpus.
After the civil war the writ was restored. Case law reference The common law is all statutory and during ancient times.In the case of People Vs Rehman 253 C. A. 2d 119, 61 Cal. Rptr.
65,85, Common law made up with the principles, usage of rules and action applicable to government and security of persons and property which do not rest for their authority upon any express and positive declaration of the will of the legislature. The Common law is developed and leaded to form civil laws grated by constitution. But the equity is not written anywhere and it is logical application what the common can do with reasonable expectations.When the conflict or decision-making is not possible, the Equity can be applied. In case of civil laws, the courts should see only strict appliance of civil laws.
The United States inherited England’s dual system of law and equity. And in many states and at the federal level the courts performed law and equity. But now common law is no more. Equity can be dealt with such matters like fraud and trusts, which are not offered at common law.
Equity procedure involved less procedure whereas the common law i. e. civil laws involved more procedures.In present days, the 14th amendments of the constitution in United States defined clearly that there should not be two-court system like common law and civil law. Hence in United States, the civil laws and other laws only applicable. And the common law is no more in existence.
Of course, the civil laws based only on common laws. With regard to the Equity, the equity is applied after application of all available laws. Finally the decision of judges will be based only Law of equity.
