Catesby’s remark in 1464 that “the law of Chancery is the common law of the land”. It will be seen that we are in the presence of a transition between an earlier type of jurisdiction which was more administrative than judicial, and based merely upon the elementary duty of governments to maintain order through administrative forms, and the more developed jurisdiction of classical equity based on the idea of conscience. The transition from one to the other, which is especially noticeable in the early and obscure years of Henry VII’s reign, was doubtless facilitated by the old canonist idea of good faith which easily became transformed into conscience and thence into a formal system of legal philosophy.[Thomas Plucknett, A Concise History of the Common Law -1956]
The Court of Chancery Delaware has jurisdiction to hear and determine all matters and causes in equity. The general equity jurisdiction of the Court is measured in terms of the general equity jurisdiction of the High Court of Chancery of Great Britain as it existed prior to the separation of the American colonies. The General Assembly may confer upon the Court of Chancery additional statutory jurisdiction.
In today’s practice, the litigation in the Court of Chancery consists largely of corporate matters, trusts, estates, and other fiduciary matters, disputes involving the purchase and sale of land, questions of title to real estate, and commercial and contractual matters in general. When issues of fact to be tried by a jury arise, the Court of Chancery may order such facts to trial by issues at the Bar of the Superior Court.
The Court of Chancery consists of one Chancellor and six Vice chancellors nominated by the Governor and confirmed by the Senate for 12-year terms, presided over original and exclusive equity jurisdiction [ Delaware Court’s Web]
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RULES OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE
GUIDELINES TO HELP LAWYERS PRACTICING IN THE COURT OF CHANCERY
OPERATING PROCEDURES FOR LITIGANTS IN THE COURT OF CHANCERY
MEDIATION GUIDELINES
