An overview of the development of English law Flashcards
What is a custom
A rule of behaviour that develops in a community without being suddenly invented
What are customs believed to be
Very important as they were the basis of our common law
What is thought to have happened after the norman conquest
Judges were appointed by the king to travel around the land and make decisions in the kings name
What did lord justice coke describe customs as
One of the main triangles of the laws in England
What are customs unlikely to do
Create new law now
When was a more organised court system established
After 1066
What would judges do on their return to London
Discuss the laws or customs they had used and the decisions made
What did judges gradually do
Selected the best customs to be used by all judges in the country
How did the phrase common law develop
Law became uniform throughout the country
What is common law
Unwritten law that developed from customs and judicial decisions
What is the phrase common law used for
Distinguishing laws that have been developed by judicial decisions or created by statute or delegated legislation
What is an example of common law
Murder
How is law built up
By individual case decisions on points raised in cases heard in court
What is an act of parliament
A law that has been passed by both Houses of Parliament and received royal assent
What can an act of parliament do
Change existing statute law or judicial precedent, or create new law
