legal system in England & Wales, America, Australia, Canada- developed in English law and judge made law
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what is the history of common law?
English had an empire-sought to colonise other countries- when they colonised the other countries they took the law with them- why common laws is a legal system in those countries
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what is common law in reference to judge made law?
comes out of the courts within commonwealth system- representative of what the people want
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what is statute law?
policy proposals put forward by the government- put through as a bill- become act of parliament- legislation
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what is equity?
balancing fairness in law
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what is the doctrine of precedent?
case by case according to the hierarchy of the courts- how important a case heard- previous decision must be followed.
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what is meant by separation of powers?
judges= as fair as possible in their interpretations- work within certain parameters- cant have own personal bias
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what happened in 1066?
battle of Hastings- William the conqueror came over and conquered-
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what happened pre 1066?
system in English legal system-English law- Scotland and northern Ireland had different law- different settlements- weren’t in any sense felt as a nation- more just tribes-resolve disputes- no centralised legal system- mass of oral customary rules
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who was the law enforced by ?
shires and hundreds
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what year were assizes of the royal court in each country extended to hear civil cases?
1285
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what happened in 1154?
henry 2nd created a unified court system- common system- bringing the kings justice to every citizen
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what happened after 1154
development of this nation wide court system- England and Wales- court system that is common to everybody
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who brought about the jury system?
henry 11
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how did precedent get developed?
result of being a unified system the courts had to understand how the other court would deal with a similar situation. judges would refer to past decisions to inform the decision of each case
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how is the law of the courts expressed?
through the decision of the judges
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what happened in 1400??
courts of westminster- national scale
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what other courts were there at this time?
court of common pleas, court of exchequer, court of kings bench on matters relating to the king on what he thought to be fair
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the development of equity
equity developed through the kings conscience- people arguing on the harsh rulings of the common law- try and consider some fairness of a specific case- go to the kings bench and king would use his knowledge to decide if a case was decided fairly
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when did the court of chancery get developed?
1474
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why did the king develop the court of chancery?
didn’t have time to listen to all these cases- had to give them to the chancer
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what are elements to the doctrine of precedent?
the hierarchy of the courts, binding precedent, accurate law reporting- we have less and less law reporters than ever- traditional journalism has changed- social media
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what is common law based on?
historic english legal system- commonwealth countries
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what is the civil law based on?
european continental system- based on roman and germanic tradition
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Other cards in this set
Card 2
Front
what is the history of common law?
Back
English had an empire-sought to colonise other countries- when they colonised the other countries they took the law with them- why common laws is a legal system in those countries
Card 3
Front
what is common law in reference to judge made law?
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