Week 4

Question 1

What two things influenced the law of Europe?

Answer 1

The law of Ancient Rome

The Church

Question 2

What is feudalism?

Answer 2

All land owned by the king, given in return for rent or service. Organisation of society to protect from invasion around 1000 CE

Question 3

What happened in 1000-1500 BC

Answer 3

The rediscovery of Roman law and the Digest of Justinian. Church also becomes shown as corrupt

Question 4

What happened in 1500-1700 CE

Answer 4

Meeting of Parliament legislated to overthrow the jurisdiction of the pope. Replacement of courts of the church of time with church courts

Question 5

What happened between 1700-1914 CE

Answer 5

The institutional writers:

1. Viscount Stair
2. John Erskine
3. George Bell
4. Thomas Craig

Question 6

What are the institutional writers viewed as?

Answer 6

Used to be a primary source of law and very authoritative, but now something that can be applied but not as relevant

Question 7

What happened in 1707?

Answer 7

Making of Union, caused land scape of Scots law to shift

Question 8

What was the kings council?

Answer 8

Dealt with business that might have gone to Parliament as people lost faith in the Sheriff Courts

Question 9

What is Nobile officium

Answer 9

The equitable jurisdiction of the Court of Session

Question 10

How does feudalism work?

Answer 10

Crown owns all the land but grants land to supporters. They can then sub-tenants and do on. Norm until at least 1974.

Question 11

When was feudalism abolished in Scotland?

Answer 11

In 2004 by the Abolition of Feudal Tenure (s) Act 2000