The Rise of Equity

Description: This quiz will test your knowledge on the rise of equity.
Number of Questions: 15
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Tags: legal history equity
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What was the primary reason for the rise of equity?

  1. To provide a more just and fair system of law.

  2. To provide a more efficient system of law.

  3. To provide a more accessible system of law.

  4. To provide a more flexible system of law.


Correct Option: A
Explanation:

Equity arose as a response to the perceived inadequacies of the common law system, which was seen as being too rigid and inflexible.

What were the three main sources of equity?

  1. The Bible, the common law, and natural law.

  2. The Bible, the canon law, and the common law.

  3. The canon law, the common law, and natural law.

  4. The canon law, the Bible, and natural law.


Correct Option: C
Explanation:

Equity drew on a variety of sources, including the Bible, the canon law, the common law, and natural law.

Who were the main administrators of equity?

  1. The king's judges.

  2. The chancellor.

  3. The master of the rolls.

  4. The vice-chancellor.


Correct Option: B
Explanation:

The chancellor was the chief administrator of equity.

What were the three main types of equitable remedies?

  1. Injunctions, specific performance, and rescission.

  2. Damages, injunctions, and specific performance.

  3. Rescission, damages, and specific performance.

  4. Injunctions, rescission, and damages.


Correct Option: A
Explanation:

The three main types of equitable remedies were injunctions, specific performance, and rescission.

What was the main difference between equity and the common law?

  1. Equity was more flexible than the common law.

  2. Equity was more just than the common law.

  3. Equity was more efficient than the common law.

  4. Equity was more accessible than the common law.


Correct Option: A
Explanation:

Equity was more flexible than the common law because it was not bound by the same strict rules of procedure and evidence.

What was the main criticism of equity?

  1. It was too expensive.

  2. It was too slow.

  3. It was too unpredictable.

  4. It was too arbitrary.


Correct Option: C
Explanation:

The main criticism of equity was that it was too unpredictable, as the chancellor had a great deal of discretion in deciding cases.

How did the Judicature Acts of 1873 and 1875 affect equity?

  1. They merged equity and the common law into a single system.

  2. They abolished equity.

  3. They transferred the jurisdiction of equity to the common law courts.

  4. They created a separate court of equity.


Correct Option: A
Explanation:

The Judicature Acts of 1873 and 1875 merged equity and the common law into a single system, known as the Supreme Court of Judicature.

What is the modern legacy of equity?

  1. It is still used in some cases today.

  2. It is no longer used in any cases today.

  3. It has been completely replaced by the common law.

  4. It has been absorbed into the common law.


Correct Option: D
Explanation:

The modern legacy of equity is that it has been absorbed into the common law, and its principles are now applied by all courts.

Which of the following is not a source of equity?

  1. The Bible

  2. The common law

  3. Natural law

  4. Statute law


Correct Option: D
Explanation:

Statute law is not a source of equity, as equity is based on principles of fairness and justice, rather than on written laws.

What was the role of the chancellor in the development of equity?

  1. He was the chief administrator of equity.

  2. He was the chief judge of the common law courts.

  3. He was the chief law officer of the Crown.

  4. He was the chief justice of the King's Bench.


Correct Option: A
Explanation:

The chancellor was the chief administrator of equity, and he had the power to issue injunctions, specific performance, and rescission.

What was the main difference between an injunction and a specific performance?

  1. An injunction prevented a person from doing something, while a specific performance ordered a person to do something.

  2. An injunction ordered a person to do something, while a specific performance prevented a person from doing something.

  3. An injunction was a temporary remedy, while a specific performance was a permanent remedy.

  4. An injunction was a permanent remedy, while a specific performance was a temporary remedy.


Correct Option: A
Explanation:

An injunction prevented a person from doing something, while a specific performance ordered a person to do something.

What was the main criticism of the common law system?

  1. It was too rigid and inflexible.

  2. It was too slow and inefficient.

  3. It was too expensive and inaccessible.

  4. It was too unpredictable and arbitrary.


Correct Option: A
Explanation:

The main criticism of the common law system was that it was too rigid and inflexible, and that it did not provide adequate remedies for certain types of cases.

What was the main advantage of equity over the common law?

  1. It was more flexible and just.

  2. It was more efficient and accessible.

  3. It was more predictable and arbitrary.

  4. It was more rigid and inflexible.


Correct Option: A
Explanation:

The main advantage of equity over the common law was that it was more flexible and just, and that it provided remedies for certain types of cases that the common law did not.

What was the main reason for the merger of equity and the common law in 1873?

  1. To create a more efficient and accessible system of law.

  2. To eliminate the conflict between equity and the common law.

  3. To reduce the cost of litigation.

  4. To improve the quality of justice.


Correct Option: B
Explanation:

The main reason for the merger of equity and the common law in 1873 was to eliminate the conflict between the two systems of law, which had led to uncertainty and confusion.

What is the modern legacy of equity?

  1. It is still used in some cases today.

  2. It is no longer used in any cases today.

  3. It has been completely replaced by the common law.

  4. It has been absorbed into the common law.


Correct Option: D
Explanation:

The modern legacy of equity is that it has been absorbed into the common law, and its principles are now applied by all courts.

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