what is common law, history of common law, developing common law Flashcards
What is Common Law
The legal system in England & Wales, America, Australia and Canada.
Judge made law.
History of the Common Law: Pre 1066
Pre1066, mass of oral customary rules ‘tradition expressed in action’.
History of the Common Law: Norman Invasion
William the Conqueror Sought to standardise the law
and Itinerant justices were sent to different regions to assimilate local laws and customs.
History of the Common law: institutionalising the common law.
1154 Henry 2nd created a unified court system
and institutes a jury system.
Court of Westminster by 1400 established:
Court of common pleas (early private law)
Court of exchequer (early public law)
Court of king’s bench on matters relating to the king on what he thought to be fair (early equity)
development of equity
The king’s conscience
Where claimants were unsatisfied with the harsh rulings of common law
Natural justice and fairness]more the kings chancellor with the volume of claimants
Development of court of chancery 1474
development of the common law
doctrine of precedent
stare decisis
common law
civil law
doctrine of precedent
three essential elements to establish precedent:
- Hierarchy of the courts
- Binding precedent
- Accurate law reporting
stare decisis
following decisions of judges in cases before them.
similar facts and laws to be treated in the same way in later cases.
common law
case based.
adversarial; active parties and judicial discretion.
civil law
statutes.
Codified : general principles
Inquisitorial - lesser role for parties, judicial decision.
