Week 3 Lecture Flashcards
What are the early origins of the English Legal system?
Celtic and Roman origins
Anglo-Saxon Law
What kind of law did anglo-saxon law consist of?
Local / Tribal Custom Private Treaty Laws of a recognised authority (Kings) King Alfred of Wessex – legislation involved scripture Danish invasion of the 9th century
In the early systems of law, was law unifomed?
No, laws were local.
In the early system of laws, what were towns, guilds and religious organisations governed by?
Own laws
In the early systems of law, what did application depend on?
Locality and social position.
In the early systems of law, was corporal violence common?
Yes.
In 1066, what occurred?
The Norman Consequence.
Immediate problem: L
No significant changes made to Anglo-Saxon law
What was the immediate problem of the Norman conquest?
Large area with a hostile population, with different customs and languages, separated from Normandy by the sea
What occured during the Norman conquest?
Invasion of England by William, Duke of Normandy
During the Norman conquest, were there any changes made to Anglo-saxon law?
None.
What did normans claim during the norman conquest?
Possession of land.
What did Normans introduce during the Norman conquest?
Continental Feudalism.
What was feudalism?
A system of leases
What did feudalism permit?
It permitted the Crown to maintain effective right and title to all land, while exercising control in multiple locations without being physically present
In feudalism, how was local control maintained?
Local control maintained by tenants dependent on the Crown for continued ownership/ occupation and use of land
In feudalism, who were subtenants dependent on?
Those from whom they leased land.
What is the relevance of feudalism?
Permitted control of a large territory by relatively peaceful means.
What laid the foundations for modern land law such as tenanacy?
Fedualism.
What did feudalism cement as a major element in legal relations?
Oath and promise.
What did feudal relations lock the King and nobility as?
Keepers of the peace
How did the King deal with peace in feudalism?
The King became the apex of all complaints, because he had power to bring local authorities into line
During feudalism, what did complaints often involve?
Complaints often involved allegations of local corruption and outcomes that favoured the nobility or local powerful factions
What did the King’s justice cause?
Origin of stare decisis and application of common law throughout the land
What were the advantages of king’s justice?
Avoidance of arbitrariness
Locals able to find “justice” outside of local factors
What were the disadvantage of king’s justice?
King had a vested interest in keeping peace, sometimes at the expense of relationships with the nobles
HAD to be impartial in order to balance peace with the risk of rebellion
Demands on the monarch became excessive
What is CURIA REGIS?
The King’s Court included many trusted advisors
Over time, the Curia Regis evolved into specialist bodies:
AND had specialist customs:
Dress codes
COURTESY
Why was curia regis needed?
Eventually, numerous cases were delegated, esp. when the King was away
What were some advisors during fedualism spefically apointed as?
Some advisors appointed specifically as justiciar to hear disputes within the King’s Court in the name of the King
What was the system of delegation for King’s justice expanded to include inthe 12th century?
Justices of Eyre.
Over time, Curia Regis evolved into speicialist bodies. They were:
King’s Bench
Court of Exchequer
Privy Council
What special customs did curia regis have?
Dress codes and courtesy.
What did procedural reforms of the courts include?
Standardising administration of the courts.
What became central with the procedural reforms of the court?
Written documents.
What were parties required to do with the procedural reform of the court?
Document their claims in written forms-origin of pleadings.
With the procedural reform of the courts, what did the king use to order parties to appear for the courts?
Writs.
What did pleadings include?
PLEADINGS included both the application for remedy, as well as the cause of action and the evidence relied on to satisfy the claim.
Does drafting pleadings remain a fundamental part of law?
Yes.
What were writs?
WRITS were the written commands of the King / Courts, directed to ordering specific outcomes of cases, or ordering specific parties to appear at the command of the King
When was divine intervention used in the courts?
Early common law recognised a series of “trials” that could be used where the truth was in doubt
What was the rationale behind divine intervention in early courts?
The Divine Will would manifest; the beneficent God would not punish an innocent
Why was their a rebellion?
Heavy taxation to finance war Loss of Normandy Removal of common hunting rights in forests Demands of legal reforms King John was personally unpopular Money lending practices Royal hostage-taking
What year did King John feel compelled to agree to demands and terms from his nobility?
1215
How many chapters in Magna Carta?
63
Was is the magna carta often regarded as?
Often regarded as the foundation document of Constitutionalism
What were the points of English reformation of the law?
The separation of the Church of England from the Church of Rome
Parliament given greater decision-making role
Parliamentarians freed from political authority of the Roman Catholic Church
What did the act of settlement 1701 do?
Gave judges security of tenure
No longer served ‘at the king’s pleasure’
Removal only allowed when passed by both houses of Parliament
