Courts of Law Flashcards
3 main common law courts
Court of King’s Bench, Court of Exchequer, Court of Common Pleas
Royal court basics
parallel courts, essentially no appeals, limited jurisdiction, centralized in Westminster Hall, professional judiciary. Handled major crimes, large civil disputes, free tenancy issues
Court of King’s Bench basics
Originally traveled with the King but settled in Westminster Hall. Initially only overheard very serious offenses but developed extensive civil jurisdiction. Could hear suits to correct errors by the other 2 courts
Court of Exchequer Basics
Probably the oldest of the three dating back to 1110. Initially heard issues involving money owed to the crown. Magistrates were Barons and not Judges
Court of Common Pleas Basics
Initially civil only and had a monopoly on property actions, including debt and covenant
Royal Court Jurisdiction Issues
Judges were often paid by the case and so the courts would fight over jurisdiction and instituted plaintiff-friendly rules to try to bring in more suits
Eyre System
Traveling royal judges would take over county courts and heard manners relating to the King as well as local matters. Not well-liked
Ecclesiastical Court Summary
Secular and church courts split by William in 1076. Clergy were immune to secular court until 1164. Heard church matters but had lay jurisdiction as well. Survived the split of 1534 but gradually lost jurisdiction and was defunct by the mid-19th century
Ecclesiastical Court Jurisdiction
internal matters of the church but also had extensive lay jurisdiction, including wills of personal property and intestate estates, marriage, divorce/annulment, defamation, adultery, fornication, pledges of faith
ECourt Relief
Primarily imposed excommunication, exclusion from church services, or extreme excommunication which included ostracization
Ecourt vs CL court
CL courts routinely sought to limit the jurisdiction of E Courts and would issue writs of prohibition
ECourt Appellate Structure
Each Bishop (one per cathedral) had sitting consistory (trial) courts. Verdicts could be appealed to either the Court of Arches, led by the Archbishop of Canterbury, or the Chancery Court of York, led by the Archbishop of York. Before 1534, these verdicts could potentially be appealed to the Pope in Rome
Chancery/Court of Equity basics
Based on the idea that rigid application of the law in all instances could lead to results that contradicted the intent of the law. For most of English history equity was separate from CL courts. Cases were decided by the Chancellor. Remedy was discretionary. Gradually accumulated precedent. General desire to avoid Jx conflict with CL courts
Chancery Procedural Differences
More informal: presented a bill of equity or oral complaint rather than a formal writ. In personam Jx as to all counties. Greater factfinding powers: Chancellors could question Ds under oath and also had precursors to modern discovery procedures. Could grant specific performance, restitution, or injunctions. Petitions in English rather than Latin
Chancery and CL Court interplay
Allowed CL courts to reach decisions that were harsh because the unfair result could be appealed to the Chancery.
Chancery Court Development
Ridiculed in Dickens’ Bleak House. Became bogged down to the duties of the Chancellor. Tried to solve with commissioners to take testimony, but left drafting of questions, including cross, to the attorneys. Backlog led to “feign issue” where parties would bet on the outcome of a case in Chancery court and have one of the royal courts decide the winner, forcing them to decide the case and skipping the backlog. Culminated in English Law and Procedure Act and Judicature Act
Conciliar Courts
Court of Requests and Star Chamber
Court of Requests
Court exclusively for poor people, managed by two Masters of Requests. Could get booted for being too rich. Simple pleadings and equitable remedies based on the common law. Court of common pleas declared it invalid in 1598 but it was not abolished until 1641
Star Chamber basics
Named for the stars on the ceiling of the chamber in which it was held. Originated in the 1300s and expanded in the 1500s. Top officials served on its court, primarily used when the defendant was too famous for a jury trial. Later used for political trials. Abolished in 1641 after extensive abuse by Charles I and is now associated with tyranny
Areas of law developed by Star Chamber
criminal libel, forgery, fraud, extortion, perjury, subornation of perjury, conspiracy, attempt
Star Chamber Procedural Differences for Defendants
Right to counsel 200 years before CL criminal Ds. Right of compulsory process for witnesses. Examination of the parties. Advanced notice of charges
Initial Issues with Star Chamber
No jury trial. Could torture to compel information in some circumstances. Primarily issued fines, no power to execute or seize land. Also had the ability to maim ears/nose/hand as punishment
Fall of Star Chamber
Became used more as a tool of political repression. This culminated during the reign of Charles I who used Star Chamber to go after members of Parliament. This led Parliament to abolish Star Chamber
Admiralty Court basics
Primarily concerned with incidents arising on the high seas, since there could be no jurors in the middle of the ocean and because international laws applied. Civil law with no jury. Primarily heard ship collisions, crew disputes, and libel (bringing action against ship and her owner) and grew in importance along with Britain’s naval dominance. Hated by the CL courts and subject to writs of prohibition
