Nature has made some legal guidelines, and these it’s tough to repeal. Nobody can fail to spot the relation which exists between trial by jury and compensation in damages for each damage. One is a obligatory consequence of the opposite.
Might a jury regulate the equities and counter equities in a sophisticated case, and mete out the exact reduction which justice may require? There’s a ethical impossibility on this. What twelve males would ever agree upon the phrases of an fairness decree?
Equally impracticable wouldn’t it be for juries to seek out particular verdicts in such instances embracing the small print indispensable to be thought-about in making up the judgment of the courtroom.
The company of a jury, due to this fact, within the judicial course of, is incompatible with the variation of the reduction to the particular circumstances of the case. Therefore, compensation in damages for civil accidents, besides in just a few instances of proceedings in rem, was the one admissible mode of redress within the widespread legislation courts.
For related causes, points to be tried by a jury have been required to be single and decisive. Single, as a result of double and complicated points would are inclined to embarrass and confuse, and result in disagreement; and decisive, as a result of in any other case no judgment might comply with the discovering.
Such points couldn’t be produced with out guidelines tailored to that finish. Therefore we see the origin of a number of the stringent guidelines of widespread legislation pleading.
It’s thus, I believe, made clear, that the type of trial by jury, the mode of compensation by damages, and the widespread legislation guidelines of pleading, all bore a pure and obligatory relation to one another as trigger and impact.
Right here, then, is trigger sufficient for the existence of the Court docket of Chancery. Compensation in damages being an completely insufficient treatment in quite a few instances, the prerogatives of the crown, and the rules of Roman jurisprudence have been resorted to, for another mode of redress in such instances. A courtroom with ample fairness powers was the consequence.
