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The Delaware Court of Chancery is a Court of Equity in the American state of Delaware . It is one of Delaware's five constitutional courts, along with the Supreme Court , Superior Court , Family Court, and Court Of Common Pleas . JURISDICTION The Court's jurisdiction is a hybrid of constitutional provisions, statutes, and case law. According to the Delaware Judicial Information center
Article IV, Section 10 of the Delaware Constitution establishes the Court and provides that it "shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery."Delaware Constitution {Link without Title} The Court has one Chancellor, who is the chief judicial officer of the Court, and four Vice Chancellors. It also has one Master in Chancery, who is assigned by the Chancellor and Vice Chancellors to assist in matters as needed. Equitable jurisdiction Title 10, Section 341 of the Delaware Code states that the Court "shall have jurisdiction to hear and determine all matters and causes in equity." Delaware Code Title 10 {Link without Title} Subsequent decisions have held that the Court's equitable jurisdiction is the same as that held by the English High Court of Chancery at the time of American independence in 1776 . The Court's most significant power is its ability to issue preliminary and permanent Injunction s and Temporary Restraining Order s. This is frequently exercised in the context of disputes involving Mergers And Acquisitions or sales of corporations, wherein a corporate suitor or a shareholder will attempt to enjoin -- that is, prevent -- the sale or merger of a corporation, claiming that their stock value has been diluted or that they have superior rights to purchase the corporation. In a typical sale or merger dispute, a plaintiff will seek a temporary restraining order, sometimes on an '' Ex Parte '' basis, to prevent the transaction from taking place and preserve the ''status quo''. If the Court grants that relief, the plaintiff will then seek a preliminary injuncton to maintain the current state of affairs until a trial can take place. Title 10, Section 342 of the Delaware Code provides that the Court shall not hear any matters for which an adequate remedy exists at law or which can be heard by any other Delaware court. Delaware Code Title 10 {Link without Title} As a practical matter, this means that the Court cannot grant relief in the form of money damages or where another court has coterminous jurisdiction. One might fairly ask why anyone would bother enjoining a corporate transaction if the Court cannot award damages. However, to corporations, time is money, and if a merger, sale, or acquisition is pending, every day it is prevented by the Court from going forward with the transaction is a day that money is lost. Consequently, many such suits are settled with money payments, particularly in the context of shareholder suits, with the Court's only involvement being to approve the settlement. Apart from its general equitable jurisdiction, the Court has jurisdiction over a number of other matters. First, the Court has sole power to appoint guardians of the property and person for mentally or physically disabled Delaware residents. Similarly, the Court may also appoint guardians for minors, although the Family Court has coterminous jurisdiction over such matters. Will Contest s and disputes over interpretations of Trust s are also heard by the Court. PROCEDURE The Court sits without a jury. All issues of fact are determined by the presiding Chancellor or Vice Chancellor. The Court has the discretion to appoint an advisory jury if it so desires, but this power is practically never exercised. HISTORY The history of the Court of Chancery stems back to the English Common Law system, in which separate courts were established to hear Law and Equity matters. English law courts included the Court Of King's Bench (or Queen's Bench when the monarch was female), the Court Of Common Pleas , and the Court Of The Exchequer . The sole English court of equity was the High Court Of Chancery . Along with the remainder of the original Thirteen Colonies , Delaware imported the English concept of Common Law . This included establishing a separate Court of Chancery. As the legal system evolved in England, the English High Court of Chancery was eventually abolished and its powers merged into the law courts. Most American jurisdictions followed suit In its first Constitution, the Delaware Constitution Of 1776 , there was no special provision for a court of equity. However, when the constitution was revised in the Delaware Constitution Of 1792 a separate Court of Chancery was established. This constitution was heavily influenced by thinking of John Dickinson and George Read . William T. Quillen and Michael Hanrahan in their ''Short History of the Delaware Court of Chancery'' repeat the “folklore of the Delaware bench and bar, saying that the impetus for creating a Court of Chancery was to provide a new judicial seat for Delaware's first Chancellor, William Killen.” Killen was the elderly and highly respected incumbent Chief Justice of Delaware, and when George Read was considered to be the new Chief Justice of Delaware, he refused unless adequate provisions were made for Killen. A separate Court of Chancery under Killen was the solution. ''A Short History of the Delaware Court of Chancery {Link without Title} Constitution of 1792 There was one Chancellor, appointed by the Governor for life. Constitution of 1831 There was one Chancellor, appointed by the Governor for life. Constitution of 1897 There was one Chancellor, appointed by the Governor for a 12 year term. There were also created over the years, additional Vice Chancellors, the first in 1939, a second in 1961, a third in 1984, and a fourth in 1989. They were also appointed by the Governor for a 12 year term, but are required to be equally divided between the major political parties, so that among all the Chancellors no party has a majority of more than one person. SEE ALSO NOTES REFERENCES EXTERNAL LINKS
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