Form of action in the context of "Court of Chancery"

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⭐ Core Definition: Form of action

The forms of action were the different procedures by which a legal claim could be made during much of the history of the English common law. Depending on the court, a plaintiff would purchase a writ in Chancery (or file a bill) which would set in motion a series of events eventually leading to a trial in one of the medieval common law courts. Each writ entailed a different set of procedures and remedies which together amounted to the "form of action".

The forms of action were abolished during the 19th century, but they have left an indelible mark on the law. In the early Middle Ages, the focus was on the procedure that was employed to bring one's claim to the royal courts of King's Bench or Common Pleas: it was the form of one's action, not its substance, which occupied legal discussion. This restrictive approach is one of the reasons which attracted litigants to petition the King directly, which eventually led to the development of a separate court known as the Court of Chancery, from which the body of law known as equity derives. Modern English law, as in most other legal systems, now looks to substance rather than to form: a claimant needs only to demonstrate a valid cause of action.

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Form of action in the context of Real property

In English common law, real property, real estate, immovable property or realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an improvement or fixture) to be considered part of the real property, it must be integrated with or affixed to the land. This includes crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads. The term is historic, arising from the now-discontinued form of action, which distinguished between real property disputes and personal property disputes. Personal property, or personalty, was, and continues to be, all property that is not real property.

In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. Scottish civil law calls real property heritable property, and in French-based law, it is called immobilier ("immovable property").

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