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Mississippi lawyers of the OT, what's the deal with chancery courts?

Posted on 4/4/19 at 2:20 pm
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 4/4/19 at 2:20 pm
They just handle family and probate? Seems like an odd concept.
Posted by Kafka
I am the moral conscience of TD
Member since Jul 2007
141422 posts
Posted on 4/4/19 at 2:22 pm to
you play the game, you take your chancery
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
34849 posts
Posted on 4/4/19 at 2:24 pm to
quote:

what's the deal with chancery courts?


They used to serve a valuable purpose. These days they're really only around to allow people an opportunity to wear seersucker suits to work.
Posted by USMEagles
Member since Jan 2018
11811 posts
Posted on 4/4/19 at 8:50 pm to
In legal theory "courts of law" award damages to correct unfairness, while "courts of equity" (a.k.a. chancery courts) strive to attain fairness.

In practice, these lines are blurred, but if you look at the matters that end up before a chancery court you can kind of see the underlying theory in play. A chancery court wouldn't handle a malpractice lawsuit (where the goal is to win a cash award) but would handle a custody case (where the goal is fairness, i.e. equity).
Posted by highcotton2
Alabama
Member since Feb 2010
9371 posts
Posted on 4/4/19 at 9:45 pm to
quote:

In legal theory "courts of law" award damages to correct unfairness, while "courts of equity" (a.k.a. chancery courts) strive to attain fairness.


I was duck hunting in Mississippi this past year and the guy I was hunting with was talking about some “committee” he was on that had to decide how a farm was going to be split up after a parent died. Seems like a judge appointed a group to look at the best way to divide the assets fairly between the two brothers.
Was this basically a Chancery court?
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 4/4/19 at 9:52 pm to
Interesting concept for sure.
Posted by USMEagles
Member since Jan 2018
11811 posts
Posted on 4/4/19 at 10:00 pm to
quote:


I was duck hunting in Mississippi this past year and the guy I was hunting with was talking about some “committee” he was on that had to decide how a farm was going to be split up after a parent died. Seems like a judge appointed a group to look at the best way to divide the assets fairly between the two brothers.
Was this basically a Chancery court?


Sounds like a jury appointed by a chancery court.

I know that in some parts of MS, there is a county grand jury that is asked to issue opinions on a lot of questions, e.g. whether or not the jail is suitable for humans.
Posted by FreeState
Member since Jun 2012
3161 posts
Posted on 4/4/19 at 10:04 pm to
Chancery court in MS is actually a 'family court' but they handle other civil stuff but no criminal. Someone from there can correct me if I am wrong.

Been to chancery court there a few times and have never seen anyone dressed properly for court other than the attorneys, court staff, and the judge. I felt like I was way out of place with a coat and tie on.

Everyone else was dressed like they were headed to the mud races.

Posted by Chuker
St George, Louisiana
Member since Nov 2015
7544 posts
Posted on 4/4/19 at 10:12 pm to
quote:

headed to the mud races.




frick you those were my good jeans
Posted by Jim Rockford
Member since May 2011
98078 posts
Posted on 4/4/19 at 10:39 pm to
quote:

Been to chancery court there a few times and have never seen anyone dressed properly for court other than the attorneys, court staff, and the judge. I felt like I was way out of place with a coat and tie on. 


There's a dress code in my parish courthouse. Among other things, it bans pajamas. From that I gather people had been wearing pajamas to court.
This post was edited on 4/4/19 at 10:41 pm
Posted by FearTheFish
Member since Dec 2007
3751 posts
Posted on 4/5/19 at 5:41 am to
quote:

Been to chancery court there a few times and have never seen anyone dressed properly for court other than the attorneys, court staff, and the judge.
So, basically any court in the United States.

quote:

Chancery court in MS is actually a 'family court'
No.
Posted by Slappy
Jackson, MS
Member since Jan 2004
499 posts
Posted on 4/5/19 at 5:48 am to
Chancery has jurisdiction over family law matters and issues over real property, and "matters of equity." A chancellor presides, and there is no jury.
Posted by mikelbr
Baton Rouge
Member since Apr 2008
47456 posts
Posted on 4/5/19 at 8:11 am to
quote:

Chancery court in MS is actually a 'family court' but they handle other civil stuff but no criminal. Someone from there can correct me if I am wrong.



Yea my Mississippi God Damn deeevorce was in that there Chancery Court.
Posted by Rappin4Tay
Mississippi
Member since Aug 2016
14 posts
Posted on 4/5/19 at 9:44 am to
quote:

Chancery Courts have jurisdiction over disputes in matters involving equity; domestic matters including adoptions, custody disputes and divorces; guardianships; sanity hearings; wills; and challenges to constitutionality of state laws. Land records are filed in Chancery Court.


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