|
The Delaware Court of Chancery is a court of equity in the United States state of Delaware. A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ...
The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ...
Sucks ...
History
The history of the Court of Chancery stems back to the English common law system, in which separate courts were established to hear law and equity matters. English law courts included the Court of King's Bench (or Queen's Bench when the monarch was female), the Court of Common Pleas, and the Court of the Exchequer. The sole English court of equity was the High Court of Chancery. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
// Weighing scales represent the way law balances peoples interests For other senses of this word, see Law (disambiguation). ...
The Court of Chancery, London, early 19th century This article is about concept of equity in Anglo-American jurisprudence. ...
One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ...
In United States jurisprudence, Court of Common Pleas is a term referring to a court of certain jurisdiction. ...
The Exchequer of Pleas or Exchequer was one of the three common-law courts of Medieval and Early Modern England. ...
One of the courts of equity in England and Wales. ...
Delaware, along with the remainder of the original Thirteen Colonies, imported the English concept of common law. This included establishing a separate Court of Chancery. As the legal system evolved in England, the English High Court of Chancery was eventually abolished and its powers merged into the law courts. Most American jurisdictions followed suit. However, Delaware did not, and the Court of Chancery continued to develop a substantial body of decisions in equity. It has been suggested that Colonial America be merged into this article or section. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Jurisdiction The Court's jurisdiction is a hybrid of constitutional provisions, statutes, and caselaw. As an initial matter, it should be noted that it is one of Delaware's five constitutional courts, along with the Supreme Court, Superior Court, Family Court, and Court of Common Pleas. The Supreme Court of Delaware is the sole appellate court in the United States state of Delaware. ...
Article IV, Section 10 of the Delaware Constitution establishes the Court and provides that it "shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery."[1] The Court has one Chancellor, who is the chief judicial officer of the Court, and four Vice Chancellors. It also has one Master in Chancery, who is assigned by the Chancellor and Vice Chancellors to assist in matters as needed.
Equitable jurisdiction Title 10, Section 341 of the Delaware Code states that the Court "shall have jurisdiction to hear and determine all matters and causes in equity." [2] Subsequent decisions have held that the Court's equitable jurisdiction is the same as that held by the English High Court of Chancery at the time of American independence in 1776. This article is about the year 1776. ...
The Court's most significant power is its ability to issue preliminary and permanent injunctions and temporary restraining orders. This is frequently exercised in the context of disputes involving mergers and acquisitions or sales of corporations, wherein a corporate suitor or a shareholder will attempt to enjoin -- that is, prevent -- the sale or merger of a corporation, claiming that their stock value has been diluted or that they have superior rights to purchase the corporation. In a typical sale or merger dispute, a plaintiff will seek a temporary restraining order, sometimes on an ex parte basis, to prevent the transaction from taking place and preserve the status quo. If the Court grants that relief, the plaintiff will then seek a preliminary injuncton to maintain the current state of affairs until a trial can take place. An injunction is an equitable remedy in the form of a court order that either prohibits or compels (restrains or enjoins) a party from continuing a particular activity. ...
An injunction is an equitable remedy in the form of a court order that either prohibits or compels (enjoins or restrains) a party from continuing a particular activity. ...
The phrase mergers and acquisitions or M&A refers to the aspect of corporate finance strategy and management dealing with the merging and acquiring of different companies. ...
Ex parte is a Latin legal term meaning from (by or for) one party (pronounced ekss par-TAY or ekss par-TEE, although the proper Latin is Eks PAR-teh). An ex parte decision is one decided by a judge without requiring the plaintiff to be present. ...
Title 10, Section 342 of the Delaware Code provides that the Court shall not hear any matters for which an adequate remedy exists at law or which can be heard by any other Delaware court.[3] As a practical matter, this means that the Court cannot grant relief in the form of money damages or where another court has coterminous jurisdiction. One might fairly ask why anyone would bother enjoining a corporate transaction if the Court cannot award damages. However, to corporations, time is money, and if a merger, sale, or acquisition is pending, every day it is prevented by the Court from going forward with the transaction is a day that money is lost. Consequently, many such suits are settled with money payments, particularly in the context of shareholder suits, with the Court's only involvement being to approve the settlement.
Special jurisdiction Apart from its equitable jurisdiction, the Court has jurisdiction over a number of other matters. First, the Court has sole power to appoint guardians of the property and person for mentally or physically disabled Delaware residents. Similarly, the Court may also appoint guardians for minors, although the Family Court has coterminous jurisdiction over such matters. Will contests and disputes over interpretations of trusts are also heard by the Court. A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will). ...
This article or section does not cite its references or sources. ...
Procedure
Trials The Court sits without a jury. All issues of fact are determined by the presiding Chancellor or Vice Chancellor. The Court has the discretion to appoint an advisory jury if it so desires, but this power is practically never exercised.
Judicial officers The Honorable William B. Chandler III was appointed Chancellor of the Delaware Court of Chancery in 1997, where he had served as Vice Chancellor since 1989. ...
Nominated by then Governor Tom Carper (D), the Honorable John W. Noble has been a Vice Chancellor of the Delaware Court of Chancery since November 2000. ...
The Honorable Leo E. Strine, Jr. ...
External links - Delaware Court of Chancery
 | State of Delaware
|
| | Topics | Counties • Hundreds • Cities & Communities • Rivers • Transportation • Landmarks
Governors • Lt. Governors • General Assembly • Courts • U.S. Senators • U.S. Representatives
Government • History • Education • Religion • Communications • Business | |
Feeds |
Contact