British Law Overview

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Questions and Answers

What was the primary method of resolving crime in the absence of a police force?

Judicial courts

King's justice

Family or clan vengeance (correct)

Community trial

Which term describes the obligation of revenge or compensation that one has to their kin?

Blood feud (correct)

Legal obligation

Clan duty

Social justice

What was not a factor in the regulation of blood feuds during the time?

Amount of compensation

Gender of the parties involved (correct)

Place of payment

Type of vengeance

What does 'isonomy' refer to in the context of law?

Equality of laws Signup and view all the answers

What significant document was sealed by King John in 1215?

Magna Carta Signup and view all the answers

How many main parts was Magna Carta divided into?

4 Signup and view all the answers

What element of feudal life is not part of the modern legal system?

Caste systems Signup and view all the answers

Which aspect of the Magna Carta primarily protected the Church's interests?

Article 1 Signup and view all the answers

What was a primary result of the Norman Conquest in terms of law?

Establishment of a unified legal administration Signup and view all the answers

In what two contexts is the phrase 'Common Law' used?

Judges interpreting laws versus British law across the Empire Signup and view all the answers

What role did the Plantagenets play in the development of the Common Law?

They created a new system of Royal Courts Signup and view all the answers

What role did the justices of the peace originally serve in the 12th century?

They managed local jails and inmates. Signup and view all the answers

What was the significance of the writ in the early legal system?

It commanded action or inaction by legal authorities Signup and view all the answers

What was the primary function of the writ of right in the 12th century?

To authorize a judge to hear a land dispute. Signup and view all the answers

Who was Bracton, and what did he contribute to Common Law?

He wrote the first legal treatise based on his notes from court cases Signup and view all the answers

Where did the first court of common pleas operate?

Westminster Palace. Signup and view all the answers

What educational method first emerged in the Inns of Court?

Moot court simulations Signup and view all the answers

What was the purpose of the writ of certiorari?

To have royal officers send a case to the King. Signup and view all the answers

Which of the following describes the relationship between the Bar and the Bench?

They represent the legal profession and judiciary respectively Signup and view all the answers

What marked the beginning of keeping records for the court of common pleas?

<ol start="1234"> <li></li> </ol> Signup and view all the answers

Which historical era is recognized as a significant time for the origins of Common Law?

12th and 13th centuries Signup and view all the answers

Which court was primarily responsible for dealing with criminal matters?

Court of the King's Bench. Signup and view all the answers

What is the body of law produced in the court of chancery called?

Equity. Signup and view all the answers

Who held the most significant position in the court of chancery by 1474?

The Lord Chancellor. Signup and view all the answers

What is the primary function of the crown court?

To deal with more serious criminal matters. Signup and view all the answers

Which of the following offences is classified as the most serious in the crown court?

Murder. Signup and view all the answers

What does the term 'mutated to another court' refer to in the context of the crown court?

Moving a case to a different crown court. Signup and view all the answers

What was the key historical procedure involving the 'Wager of Law'?

Defending oneself while raising one's hand under oath. Signup and view all the answers

Which legal method was introduced by the Normans that involved physical combat?

Trial by Battle. Signup and view all the answers

What consequence faced oath helpers if they were found to have lied during the Wager of Law?

Excommunication and penalties. Signup and view all the answers

What is the role of the judge in the crown court?

To supervise the trial and ensure fair proceedings. Signup and view all the answers

Which of the following best describes the class division of indictable offences in the crown court?

There are three classes based on seriousness. Signup and view all the answers

What determined innocence in the hot water trial by ordeal?

Grabbing an object without being burned Signup and view all the answers

Which of the following trials was believed to indicate guilt through a physical response?

Trial by morsol Signup and view all the answers

What was a significant reason for the Catholic Church opposing trial by ordeal?

It was believed to lack divine approval Signup and view all the answers

What year did Pope Innocent declare trial by combat as heresy?

1215 Signup and view all the answers

What major change occurred as a result of the Catholic Church forbidding priests from participating in ordeals?

The introduction of trial by jury Signup and view all the answers

What was one of the key elements that trial by jury introduced compared to trial by ordeal?

Input from peers or community members Signup and view all the answers

How many members were typically part of a presenting jury?

Up to 48 members Signup and view all the answers

What was the outcome for most people who underwent a trial by ordeal?

They were often proven innocent Signup and view all the answers

What was introduced by the Law Society in 1903 for solicitors?

Final exam for solicitors Signup and view all the answers

What was a requirement for solicitors established in 1922?

One year of formal education Signup and view all the answers

Before 1990, in which type of court were solicitors allowed to appear?

Magistrate court Signup and view all the answers

How long does it typically take to become a solicitor?

3 years Signup and view all the answers

What must a solicitor do after their apprenticeship?

Register on the list by the master of the rolls Signup and view all the answers

What was significant about the Law Society's final exam?

Passing it granted the right to practice as a solicitor Signup and view all the answers

What foundation course is NOT part of the legal practice school curriculum?

Tax law Signup and view all the answers

In what form can the Common Professional Examination be completed?

In one full-time year or two part-time years Signup and view all the answers

Study Notes

British Law - Lecture Notes

John Henry Merryman defines "legal tradition" as a set of historical attitudes about law, including its nature, role, organization, operation, teaching, and study.
Common law systems are prevalent in the UK, Canada, many Anglophone African countries, India, and the Caribbean, and are rooted in the Norman Conquest of 1066. It's also known as the Writ System.
Civil law systems precede common law and draw from Roman law, notably the 12 Tables (5th century BC) and the Justinian Code (6th century AD).
Today, civil law traditions are found throughout Western Europe, Central Europe, South America, Central America, Francophone Africa, Asia, Eastern Europe, and Russia.
Legal systems consist of institutions, procedures, and rules that operate within a nation-state.
A legal tradition is a set of attitudes toward law, not a physical thing, but a concept shaped by historic contexts. French and German law share similar approaches.
The Civil law tradition recognizes three primary sources of law:
- Statutes (codes, legislations)
- Regulations (administrative, regulatory law)
- Customs (common law)
Common law recognizes these three sources but also adds judge-made law (stare decisis).
Judges in common law are the most important actors, while in civil law they are civil servants.
Common law traditions emphasize judge-made law, drawing upon prior court decisions (stare decisis). Key figures in common law include judges like Bracton, Glanville, Coke, and Holmes.
Civil law traditions emphasize the importance of statutes and laws authored by legislatures. It highlights the role of scholars and lawmakers, such as Justinian, Gaius, Napoleon, and Savigny.
Legal traditions vary across countries, reflecting historical experiences.
The 17th century was a revolutionary period, and judges in the British tradition were viewed as "progressive forces" shaping the Constitution.
In contrast to common law, civil law traditions faced the problem of creating "judge-proof" law, which led to developments in legal systems like the Prussian code and the French Cour de Cassation.
Civil and common law judges both have to decide on how to apply laws that were written for entirely different eras.
The law was common to all Englishmen in the USA and was sourced from court decisions.
In early Anglo-Saxon law, law was customary, tied to tribes and clans, with no formal legal profession.
Anglo-Saxon customary laws were written in various forms, including the Dom Boc ("Doom Book").
The Norman Conquest affected administration fundamentally.
Early forms of legal procedure included the Wite (compensation for injuries), blood feuds, and trials by ordeal.
Magna Carta (1215), viewed as a landmark document in the rule of English law.
Magna Carta established the idea of the rule of law and limits on the monarch's power.
Multiple copies exist, reflecting a complex textual history.
Later interpretations and implementations shaped and changed the concept and value of Magna Carta.
Early English Courts, including Oyer and Terminer and the Justices of the Peace, were crucial in enforcing laws.
The writ system (legal documents) was vital to royal court function and procedure.
The Court of Common Pleas and the Exchequer were significant courts with specialized functions. Writs from the court of Chancery played a central role in administration.
The English legal system, with its emphasis on precedent, evolved procedures around legal cases, such as trials by ordeal, and the process of the 12 men present for a trial (initially).
Legal practices in England developed into professional structures and institutions, such as the Inns of Court.
The legal profession in England has well-defined pathways to becoming a barrister or solicitor due to the 4 Inns of Court.
Today, the legal profession includes the distinctions between barristers, solicitors, and judges based on education and specializations needed to work in courts.
Modern English courts, influenced by historic developments and various reforms—such as the Supreme Court of Judicature Act of 1873, fused law and equity under a unified court system.

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Description

Explore the fundamental aspects of British law, including legal traditions and the differences between common and civil law systems. This quiz provides insights into how these systems developed and their implications in various regions today.