Chapter 2

Question 1

Custom

Answer 1

Custom-is a rule of behaviour which develops on a community without being deliberately invented.
Historically customs are believed to have been very important, basis of common law.
Norman conquest,judges were appointed by the king to travel around the land making decisions in kings name, they based decisions on common customs—Lord Justice Coke described this as being a’one of the main triangles of the laws England’.

Question 2

Development of common law

Answer 2

In Anglo-Saxons times there were local courts which decided disputes, but it was not until after the Norman conquest in 1066 that a more organised system of courts emerged.

Question 3

Norman conquest 1066

Answer 3

Norman kings realised that control of the country would be easier if they controlled, among other things legal system
First Norman King, William The Conqueror set up the CURIA REGIS(kings court) and appointed his own judges.

Question 4

Henry II (1154-89)

Answer 4

Judges would travel from London all around the country that was under the control of the king, they would travel for different cases.
These tours became more common/regular and Henry divided up the country into ‘circuits’ or areas for judges to visit

Question 5

Common law

Answer 5

Is the basis of our law today: it is unwritten law that developed from customs and judicial decisions.
-phrase ‘common law’ is still used to distinguish laws that have been developed by judicial decisions from laws that have been created by statue or other legislations.

Question 6

Civil law system

Answer 6

This is based on a written code and aims to cover all possibilities which broad principles. Decisions of judge can be considered but are not binding

Question 7

Common law system

Answer 7

This is largely unwritten and relies on decisions of the judges. All lower courts are bound to decisions of judge in the higher courts