History of Common Law - 9609 Words

HISTORY OF COMMON LAW | STATUTORY FRAMEWORK * Great Britain (E/W/S) * United Kingdom (GB + NI) * British Islands (UK + Isle of Man + Channel Isles) ENGLISH LAW = The legal system of England and Wales (â€Å"the laws of England and Wales† from 1967). These laws mainly deal with issues of property, theft, inheritance, money†¦ The legal system of England and Wales is the basis of most legal systems in the Commonwealth and the US (except Louisiana). THREE MAJOR LEGAL SYSTEMS IN THE WORLD * Religious law It refers to the notion of a religious system or document being used as a legal source. * Civil law It derives from Roman law traditions. It’s also known as Continental European law. Laws recognized as authoritative are†¦show more content†¦According to historians, English law is the offspring (daughter) of Frankish law (= early text in French + private law + technical terms) * Domesday Book = a great land survey commissioned by William I to assess (value) the extent of the land and resources being owned in England, and the extent of the taxes he could raise. This book also relates the importance of a uniform legal system among people within the territory. Local courts came under the administration of Norman rules. * Laws of Henry I or â€Å"Leges Henrici Primi† (≈ 1115) = a legal treatise in England. It lists and explains the laws (how to conduct legal proceedings). Laws were actually issued by earlier monarchs that were still in force in Henry’s reign. It covers a diverse range of subjects: ecclesiastical cases; treason; murder; theft; feud; am ounts of judicial fines†¦ * Ranulf de Glanvill gt; reputed author of a book on English law. It was with his assistance that Henry II completed his famous judicial reforms. HENRY II (1154-89): Separation of the power of church * Changes implemented: Henry II began to send judges from central court (Supreme Court) into local courts in order to limit the jury’s movements at Westminster (kings are dependent of the goodwill of law to maintain power). Henry wanted to diminish the power of the church, so heShow MoreRelatedHistory and Application of Common Law1441 Words   |  6 Pages1a) Common Law, also widely known as Case Law, derived from the old English common law, is largely based on precedents, where judicial decisions were already previously made in similar cases where it is used as reference bases or sources of law. Also, common law is not codified, which generally means there is no comprehensive compilation of legal rules and not written in statues [The common law and civil law traditions, 2010:1]. It is during the Middle Ages, after the Norman Conquest in 1066, whereRead MoreKey Differences Between Common Law And Civil Law1227 Words   |  5 PagesIn Common Law and Civil Law the Key differences are that civil law is based on legislation while common law is based on court decisions. If you look at the history of Law, you will see that civil law stems back from as early as the 3rd century BC, it included various forms of law systems, from Roman law, Germanic and local customs, cannon law, and the international law merchant. Civil law is coded, encompassing all aspects of civil law, from procedural, to substantive and penal law. Civil law isRead MoreLegal Systems : Legal System1037 Words   |  5 PagesEach great legal culture namely common law and civil law express their differences from its history to its political philosophies. Each culture however, were never inflexible nor exclusive and through globalisation, it became inevitable for both to resist confrontation (Canive t, 2003). The distinction was clear when common law and civil law traditions first began in its origins. Common law was characterised as case law whilst the most prevalent feature of civil law was the fact that it was codifiedRead MoreThe Legal Systems Of China And India1395 Words   |  6 Pagesevolution of both legal systems will be quite an interesting task. I will begin by discussing the history of China and India. It is very important, especially for the purposes of this paper, to understand where a country was before you can fully grasp where it is. It is quite interesting and imperative to discuss the fact that China was once free of a prominent legal system. With discussing India’s history, one must also touch upon the Partition of India and the years to follow in regards to its governmentRead MoreWhy I Should Not Be A Law School Application908 Words   |  4 Pageslike Law and Order and The Practice. Movies such as My Cousin Vinny, The Lincoln Lawyer and, The Devi l s Advocate with Keanu Reeves further helped drive my obsession for becoming a lawyer. During my sophomore year in high school, our bible teacher lets us participate in a number of debates when we were learning about Jewish Law and it was then I realized that I actually enjoyed debating/arguing with someone. I came into college knowing for a fact that I eventually wanted to do to law schoolRead MoreWhat are the sources of Law? United Kingdom is a country with a distinctive set of legal system. It600 Words   |  3 PagesWhat are the sources of Law? United Kingdom is a country with a distinctive set of legal system. It is fairly different from other countries having civil law based legal systems. The legal system in the United Kingdom consists of various sources of law, where other civil law based countries rely only on a written set of law. European influences on the English Legal System came much later in near decades. This essay will aim to examine the development of the English Legal System by reviewing applicationsRead MoreRacial Diversity705 Words   |  3 PagesRacial Diversity: Historical Worksheet Donald K. Morgan Building Organizational Capacity Juancho A. Lim June 5, 2013 Throughout most of U.S. history, in most locations, what race has been in the majority? What is the common ancestral background of most members of this group? According to The Changing Racial And Ethnic Composition Of The Us Population In the nineteenth and early twentieth centuries, the classification by race expandedRead MoreThe Lorax And The Tragedy Of The Commonsthe Loraxis By Dr. Seuss1253 Words   |  6 Pagesknown as the tragedy of the commons; a phenomenon in nature which deals with the depletion of a resource due to the individuals in a population all acting in self-interest to profit off of the resource. The tragedy of the commons is also seen when studying what occurred on Eastern Island, with many crediting the fall of the indigenous peoplethere being due to the tragedy of the commons; along with being seen throughout GarretHardin’s â€Å"The Tragedy of the Commons†. From all this, one may seeRead MoreCivil Disobedience : An Important Part Of Society1712 Words   |  7 Pagesgive up her seat to a white passenger after the whites-only section was filled. This is one of the most prominent examples of civil disobedience in history, as Rosa Parks’ refusal and arrest for her actions were in her own best interest as well as the interests of other people and against the segregation laws at the time; however, the black segregation laws were not morally nor ethically correct. Society has evolved since the times of black segregation; however, civil disobedience still remains an importantRead MoreIn What Ways does Malta Differ from the Classical Mixed Jurisdictions?959 Words   |  4 Pagessub-groups would need to be taken into consideration. Some would be amalgamations of common and civil law, such as Scotland and Seychelles; some of religious law, civil law and common law, such as Israel; some others with a mix of the previously mentioned laws with a further addition of socialist law and tribal law such as Algeria; others, such as Hong Kong, that combine traditional Chinese law and socialist Chinese law, which itself embodies elements of the civilian tradition and so on. Other systems