Other aspects of English legal history Flashcards
how has the meaning of the word ‘statute’ changed between the 13th century and today?
From 13th century, statues were royal decrees with every command by King known as a statute. After all, the King was responsible to make decisions for common law cases. Thus no difference between statute and judgement
By Henry VIII’s reign, statues expanded to 700 which was double the size of statute book. one of the causes being Henry’s attempt to separate from Roman curch
End of 17th century during Glorious Revolution, marked end of law making chaos and remained stable with supreme political power held by Parliament. Lower house which represented the people ensured there was public sanction before government expenditure since lower house controlled money bills.
Statute today no longer royal decree but is a written passed by parliament. Also known as Act
Common Law procedural reforms
How did private common law change and what about equity
What problems did it face?
The common law evolved gradually throughout the centuries with the earlier writ system evolving into private law of proprety, tort, contract
Common law faced procedural problems with rigid writ system making it difficult for plaintiff’s to bring cases
Equity initiated fast and more flexible but became more rigid like the common law
Common law procedural reforms of 19th century
what did parliament do to improve access to justice?
Parliament passed a number of statutes to simplify the cumbersome procedure in courts known as the Uniformity of Process Act 1832
This reformed common law courts procedures by enabling general form of writs for common law actions
Along with The Common Law Procedure Act 1852 and Chancery Procedure Act 1852 that were passed to reform and simplify common law and the court of chancery, Judicature Acts of 1873 and 1875 were statues that remains an important in the English justice adminstration
Describe the purpose of the Judicature Acts
- merged three common law courts with Court of Chancery to form Supreme Court of Judicature, a general court to use same rules and common procedure
- ‘Fusion’ of Common law and equity for Simultaneous administration meaning judge can apply same rules to solve a case that has legal issues applicable to both. However, rules for common law and equity still existed
What are branches of the Supreme Court?
- The high Court (intended to be mainly an appellate court) which was divided into 5 dividions representing older court eg. Common Pleas Division
- Court of Appeal
When did NSW follow the English common law procedural reforms?
Colonial parliaments adopted these procedural reforms for Common law and Equity. The fusion of equity and common courts in NSW was finished by 1970 *(Supreme Court Act 1970) *
What does the Westminister System refer to?
The government system adopted by United Kingdom of Great Britain and Northern Island
Attorneys
Attorney- General
Represent litigants because it was inconvenient to go to Westminister in London or follow King’s Bench (those who travelled with King)
Represent Queen for dealing with legal matters of thegovernment
Barrister
specialisation in oral advocation and were allowed to approach bar of the court. Exclusive right of audience in higher courts
The practicsing Bar separated into four ‘Inns of Court’ that exist in London to the present day. Barristers must belong to one of these Inns of Court
Barristers in Australia convene in professional chambers in metropolitan regions
Solicitor
from 15th century, a solicitor was a clerk who solicited information on behalf of clients to assist other lawyers in court and gave general legal device.
What are two primary types of lawyers in England? how does this influence australia
Barrister and Solicitor
Australia adopted this classifcation but reformed in late 1800s to include legal practicioners who performs both barrister and solicitor duties
When were reasons for a decision first recorded in case law?
During mid 13th century known as ‘Yearbooks’ which recorded judicial reasoning rather than the preceding ‘Rolls’ which contained notes on conflicting partis and the decision made but no reasons.
What and when was Yearbooks replaced?
Yearbooks was replaced by Nominate Reports which were published by private reporters under their name during mid-1500s.
This was until 1865 being superseded by sanctioned reports that England continues to use today
. When did lawyers start to get a readily accessible, publicly available and ‘official’ body of case law?
between 1900-30s when all Nominate Reports that could be found were republished in 176 volume set known by **English Reports **
