LAW Essay Example | Topics and Well Written Essays - 1500 words - 3

LAW - Essay Example (Melone and Kames, 64) Since actions were required to follow the specific form of the writ in invoke the courts’ jurisdiction, the common law courts could not provide satisfactory solutions in all cases. The writ system created a lot of confusion so that in some cases: â€Å"...forms of actions were pulled and stretched to cover a number of situations not originally contemplated when they were created. Yet many forms of action brought by plaintiffs were dismissed because they did not fit the narrow requirements of particular existing writs.† (Melone and Kames, 64) The writ system and within the common law system was devised during feudalism when the landed aristocracy were the ruling classes. However, with the emergence of the mercantile movement followed by industrialism the economic environment changed with greater demands on the courts. (Melone and Kames, 64) More and more disputants, essentially unsatisfied with common law courts began to petition the King â€Å"and his council† for remedies that were not provided for in the common law courts. (Melone and Kames, 64) the King’s Council would in turn remit these complaints to the Lord Chancellor, their highest ranking member. (Melone and Kames, 64) It was the Lord Chancellor’s office that had initiated the writ system that led to the creation of the three common law courts. (Melone and Kames, 64) Ironically it would be the Lord Chancellor himself who would influence the creation of the law of equity. The Lord Chancellor’s influence came via the petitions for remedies that were outside the jurisdiction of the common law courts. He would consider these petitions and make recommendations to the Kings’ Council. His recommendations were typically accepted without more. (Melone and Kames, 64) This practice carried on until the Court of Chancery, a court of equity was institutionalized in 1474. (Melone and Kames, 64) The Lord