History of the Legal System

Question 1

Pre 12th C

Answer 1

• combination of local and royal Govs.
• guilt or innocence determined by trial by ordeal - if healed after 3 days considered innocent
• William 2 banned TBO
• criminal and civil deisputed decided by combat - banned 1818

Question 2

Development of modern justice system

Answer 2

• Henry 2 - jury of 12 knights to settle disputes over ownership of land -> assize of Clarendon
• use of laws made by judges in Westminster - local customs replaced by national law
• judges salary inc to reduce corruption as less depo on other income
• 1830 - Central Criminal Court - the Old Bailey - set up and unified administration of London and surrounding areas

Question 3

Development of King’s Bench

Answer 3

• H2 chose 5 members of personal household - evolved into permanent court

Question 4

Effect of Politics on LAw

Answer 4

• war of roses - judges stood apart form both houses
• 1540 - H8 had no judges on PC
• 1660 restoration of monarchy - all judges remain in office
• James 2 abdicates - doc preventing judges being removed from office
• cases failed by CL taken to Lord chancellor under court of chancery

Question 5

Judicature Act 1973

Answer 5

• merged CL and equity
• division high courts still chancery division
• court of appeal established