Different courts it has different names such as

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different courts it has different names, such as ‘summons’ or ‘application’ and it is issued by the court rather than the representative of the Crown, on the application of the plaintiff. Such ‘initiating process’ however, continues to be an enforceable command to the defendant either to submit to the claim or come to court to defend it, and continues to embody the interest of the State in the orderly adjudication of disputes. Returning to the early days of the common law, we find that there were many kinds of writ, and plaintiffs had to select the right one. If they chose the wrong cause of action - if, for example, they took out a writ for ‘detinue’ when it should have been ‘debt’, or a writ of ‘trespass’ when it should have been ‘an action on the case’ - the claim would fail for this reason. The choice of a cause of action would also determine what form the proceedings would take (there were differences from one writ to another) and the sort of remedy they might get. There grew up a great deal of technical law as to the scope of the various causes of action. In fact, most of our ‘substantive’ law about rights and liabilities developed almost incidentally to ‘remedial’ law about the appropriateness of various types of writs. Some writs, some causes of action, had important advantages over others. For example, some led to a trial by jury, while others led to a trial by other methods, such as ordeal. Whether by court initiatives or by the operation of what might now be called market forces, some of the more popular writs came to be used in a wider class of situations, and came to take over the scope of other writs. In some situations where people felt they had suffered a wrong there was no writ available, and therefore no remedy available at common law: the common law courts recognized no actionable wrong as having been committed. There were also other situations where the judges recognized an actionable wrong had occurred but offered a remedy, which, in the circumstances, was not adequate. These situations, where the law appeared defective, were to give rise to the development of equity. Despite the fact that the Crown had delegated most of its judicial work to the judges of the common law courts, it was still regarded as ‘the fountainhead of justice’, and retained the power to adjudicate disputes between subjects. Plaintiffs complaining of wrongful conduct by another, and able to get no adequate redress from the common law courts, could therefore petition the Crown. The Crown could receive petitions from subjects, and act on them, in situations that the judges had no power to resolve. Subjects addressed petitions to the Crown in a wide variety of circumstances. Different types of petitions were handled in different ways. For example, some petitions complained of injustices that could be remedied only by a change in the law. They were considered by the Crown in Council in Parliament (the monarch and the House of Lords in the presence of the Commons representatives). Ultimately the House of Commons itself took over the task of
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