Chapter 1 Multiple choice questions

. Which of the following statements is false?

The relationship between law and equity broadly corresponds to the relationship between certainty and justice.

The relationship between law and equity broadly corresponds to the relationship between form and substance.

The relationship between law and equity broadly corresponds to the relationship between general and particular.

The relationship between law and equity broadly corresponds to the relationship between rules and morality.

. Which of the following statements was made by the seventeenth century jurist, John Selden?

"Equity in Law, is the same that the Spirit is in Religion, what every one pleases to make it".

"Equity is the slipper of the Law, absent which the Law is but a poor foot on hard ground".

"Equity is like a fixed rule by which is measured the rightness of this Changeling Law".

"Equity is the Pole-star or the compass which guides the footsteps of the judge".

. Which of the following statements best summarises the function of the Chancery court, as set out by the Lord Chancellor, Lord Ellesmere in The Earl of Oxford's Case (1615) 1 Rep Ch 1?

Chancery operates against the defendant personally.

Chancery hears appeals from the courts of common law.

Chancery hears appeals from the poor.

Chancery operates in bad conscience.

. Which of the following fairly approximates a maxim of Equity?

Suffer any wrong before you come to Chancery.

Nobody leaves the Court of Chancery without a remedy.

In Chancery no law is higher than the King.

Nobody comes to equity with empty hands.

. Which of the following accurately describes the function of the Supreme Court of Judicature?

The Supreme Court of Judicature administers the rules of equity first and then the rules of law.

The Supreme Court of Judicature administers the rules of equity and the rules of law concurrently.

The Supreme Court of Judicature has concurrent jurisdiction to administer the rules of equity and law, but the Court of Chancery only administers equity.

The Supreme Court of Judicature has replaced the old rules of equity and common law with a new 'fused' body of law.

. What is the missing word in the following passage written by legal historian, Professor Simpson?
The ____ had originated as a personal confidence or trust placed by one person in the other, and even when a ____ became a species of property it continued to bear marks of this origin. Thus it never came to bind the land itself; rather, it was conceived to bind the conscience of persons into whose hands the land came.

Trust

Covenant

Use

Tenure

. Which of the following is known as 'Equity's Darling'?

The bona fide purchaser for valuable consideration of legal title if he purchases without notice of the trust.

The bona fide purchaser for money of equitable title if he purchases without notice of the trust.

The bona fide purchaser for valuable consideration of equitable title if he purchases without notice of the trust.

The bona fide purchaser for valuable consideration of legal title if he purchases on trust

. Which of the following is NOT an effect of the "forfeiture rule"?

A killer will not take his victim's property by will.

If the beneficiary of a trust kills her trustee, she will forfeit her interest under the trust.

If the killer is still alive, the killer's innocent children will receive nothing from the victim's estate, even if they were next-in-line to inherit under the victim's intestacy.

A killer will not take his victim's property by intestacy.

. Which of the following statements exemplifies the so-called "fusion fallacy"?

Equity and Law run in the same channel side by side and do not mingle their waters.

The waters of the confluent streams of Law and Equity have now mingled.

Equity should be confined to something less than the whole Law.

Law and Equity have borrowed from each other in furthering the harmonious development of the law as a whole.

. Which of the following equitable maxims featured in O'Sullivan v Management Agency Ltd [1985] QB 428 (Court of Appeal).

Equity will not suffer a wrong without a remedy.

Those who come to equity must do equity.

Equity imputes an intention to fulfil an obligation.

Those who come to equity must come with clean hands.

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