Historical Development of English Courts Flashcards
Pre 1066
No national legal system, law administered in local courts.
1066
William the conqueror began centralising the government.
1087
William II banned trial by ordeal, a procedure where the accused would perform a dangerous act to prove innocence EG: pick up a red hot bar of iron.
1166
Henry II began applying the same law across the whole country. Circuit judges travelled from London to all parts of the country applying the same laws. This began the doctrine of binding precedent, and the courts were called ‘Common law’ courts.
What were the problems of the Common law courts?
> Rules of evidence and procedure became very rigid.
Limited types of claim that could be made.
The only remedy was payment of damages.
What would people have to do if they couldn’t make a claim in the common courts?
They would petition the King. This would then be dealt with by the Lord chancellor.
What was the benefit of the Lord chancellor making decisions?
He was not bound by rules and could administer justice on principles of equity. He became known as the Kings conscience, and made his own ‘Court of chancery’.
What were the eventual disadvantages of the courts of chancery?
> They became expensive and delayed.
> The law lacked certainty as the Lord could make any ruling he saw fit.
1873
Parliament passed the Judicature Act, which merged common and equity law, the law of Equity reigns supreme in any dispute.
