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?

    <p>Equality of laws (C)</p> Signup and view all the answers

    What significant document was sealed by King John in 1215?

    <p>Magna Carta (B)</p> Signup and view all the answers

    How many main parts was Magna Carta divided into?

    <p>4 (B)</p> Signup and view all the answers

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

    <p>Caste systems (B)</p> Signup and view all the answers

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

    <p>Article 1 (A)</p> Signup and view all the answers

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

    <p>Establishment of a unified legal administration (C)</p> Signup and view all the answers

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

    <p>Judges interpreting laws versus British law across the Empire (A)</p> Signup and view all the answers

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

    <p>They created a new system of Royal Courts (A)</p> Signup and view all the answers

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

    <p>They managed local jails and inmates. (A)</p> Signup and view all the answers

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

    <p>It commanded action or inaction by legal authorities (C)</p> Signup and view all the answers

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

    <p>To authorize a judge to hear a land dispute. (C)</p> Signup and view all the answers

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

    <p>He wrote the first legal treatise based on his notes from court cases (D)</p> Signup and view all the answers

    Where did the first court of common pleas operate?

    <p>Westminster Palace. (D)</p> Signup and view all the answers

    What educational method first emerged in the Inns of Court?

    <p>Moot court simulations (D)</p> Signup and view all the answers

    What was the purpose of the writ of certiorari?

    <p>To have royal officers send a case to the King. (B)</p> Signup and view all the answers

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

    <p>They represent the legal profession and judiciary respectively (C)</p> Signup and view all the answers

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

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

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

    <p>12th and 13th centuries (B)</p> Signup and view all the answers

    Which court was primarily responsible for dealing with criminal matters?

    <p>Court of the King's Bench. (A)</p> Signup and view all the answers

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

    <p>Equity. (B)</p> Signup and view all the answers

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

    <p>The Lord Chancellor. (A)</p> Signup and view all the answers

    What is the primary function of the crown court?

    <p>To deal with more serious criminal matters. (A)</p> Signup and view all the answers

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

    <p>Murder. (B)</p> Signup and view all the answers

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

    <p>Moving a case to a different crown court. (C)</p> Signup and view all the answers

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

    <p>Defending oneself while raising one's hand under oath. (B)</p> Signup and view all the answers

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

    <p>Trial by Battle. (A)</p> Signup and view all the answers

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

    <p>Excommunication and penalties. (B)</p> Signup and view all the answers

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

    <p>To supervise the trial and ensure fair proceedings. (B)</p> Signup and view all the answers

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

    <p>There are three classes based on seriousness. (A)</p> Signup and view all the answers

    What determined innocence in the hot water trial by ordeal?

    <p>Grabbing an object without being burned (A)</p> Signup and view all the answers

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

    <p>Trial by morsol (A)</p> Signup and view all the answers

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

    <p>It was believed to lack divine approval (C)</p> Signup and view all the answers

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

    <p>1215 (D)</p> Signup and view all the answers

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

    <p>The introduction of trial by jury (D)</p> Signup and view all the answers

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

    <p>Input from peers or community members (B)</p> Signup and view all the answers

    How many members were typically part of a presenting jury?

    <p>Up to 48 members (D)</p> Signup and view all the answers

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

    <p>They were often proven innocent (D)</p> Signup and view all the answers

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

    <p>Final exam for solicitors (C)</p> Signup and view all the answers

    What was a requirement for solicitors established in 1922?

    <p>One year of formal education (C)</p> Signup and view all the answers

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

    <p>Magistrate court (C)</p> Signup and view all the answers

    How long does it typically take to become a solicitor?

    <p>3 years (A)</p> Signup and view all the answers

    What must a solicitor do after their apprenticeship?

    <p>Register on the list by the master of the rolls (C)</p> Signup and view all the answers

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

    <p>Passing it granted the right to practice as a solicitor (C)</p> Signup and view all the answers

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

    <p>Tax law (D)</p> Signup and view all the answers

    In what form can the Common Professional Examination be completed?

    <p>In one full-time year or two part-time years (C)</p> Signup and view all the answers

    Flashcards

    Common Law (lowercase)

    Judges making decisions, creating law.

    Common Law (uppercase)

    English law expanded throughout the British Empire.

    Norman Conquest

    William the Conqueror's takeover of England (1066).

    Writ System

    Written commands for court action, used in English common law.

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    Bracton's Treatise

    13th-century legal text, key source on Common Law.

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    Plantagenets

    Powerful royal family (12th-15th centuries) shaping legal systems.

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    Royal Courts

    Plantagenets created these courts to unify laws.

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    Inns of Courts

    Legal training institutions for barristers.

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    Justices of the Peace (JP)

    Ordinary citizens with judicial power, originally handling inmates. By the 14th century, they started hearing cases and acting as judges.

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    Writ

    A written document issued by the Chancery, authorizing a court to hear a case. It was essential for accessing royal courts.

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    Chancery

    The medieval writing office in Westminster Cathedral, responsible for issuing writs.

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    Writ of Right

    The first writ, created in the 12th century, authorizing a judge to hear land disputes. It marked the beginning of common law.

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    Court of Common Pleas

    The first permanent royal court, established in 1178. It dealt with civil matters and had judges permanently appointed.

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    Writ of Quo Warranto

    A writ used to challenge the legality of administrative decisions. Judges oversaw the administration using this writ.

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    Court of Exchequer

    Originally a tax court, where money from different shires was deposited. It later developed into a court with specialized writs.

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    Court of Chancery

    Established in 1474, this court became the most important, dealing with equity. It was headed by the Lord Chancellor, the most powerful minister.

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    Blood Feud

    A cycle of revenge and retaliation between families or clans, often driven by the need for compensation for a crime.

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    Standard Operating Procedure (SOP)

    A set of rules or methods for a particular situation or task; in this context, how the judicial and law-enforcement system functioned in medieval times.

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    Feudal Law

    A legal system that favored the wealthy and powerful, emphasizing rank, rights, and privileges.

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    Magna Carta

    A royal charter from King John, outlining rights and liberties, emphasizing the rights of the Church and limiting feudal abuses.

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    Jury

    Groups of people sworn in to give a decision. Medieval societies depended on the idea of juries to reflect personal knowledge of local customs, for example on local courts.

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    Imprisonment (Medieval)

    A means of holding defendant temporarily; holding them 'on-hold' until trial.

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    Isonomy

    The ideal of equality before the law, or 'equal rights'. It did not exist in the feudal system.

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    Compensation (Medieval)

    Payment given as an outcome, for example, for injury or crime. Also, sometimes payments were asked for retribution, rather than any justice.

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    Trial by Ordeal

    A medieval method of determining guilt or innocence by subjecting the accused to a dangerous or painful test, believed to reveal God's judgment.

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    What were some common ordeals?

    Common ordeals included hot water, cold water, hot iron, and morsol. The accused were considered guilty if they failed the test or exhibited signs of guilt.

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    Why was the Catholic Church against ordeals?

    The Catholic Church opposed trial by ordeal because it considered it a test of God, not a legal process. Ordeals directly contradicted biblical principles and were seen as disrespectful towards God.

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    How did the Catholic Church end trial by ordeal?

    The Church condemned ordeals as heresy and forbade priests from participating, which effectively ended the practice. This occurred in 1215 under Pope Innocent III.

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    What replaced trial by ordeal?

    Trial by jury, where a panel of citizens decides guilt or innocence based on evidence presented. The church's ban on ordeals paved the way for juries.

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    Early juries

    Early juries were large, sometimes with 48 members, and included accusers, which led to potential bias.

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    Waivable Right

    The accused had the right to refuse a jury trial in some cases, meaning they could choose a different method of resolving the case.

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    Trial by Jury Today

    Trial by jury is still a common practice in many countries where the accused has the right to a fair and impartial trial.

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    Crown Court

    The court in England and Wales that handles more serious criminal cases. It has 77 courts across the country and hears indictable offenses, which are categorized according to their severity.

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    Indictable Offenses

    Serious criminal offenses in the Crown Court, classified into three tiers based on their severity. Examples include robbery, assault, and murder.

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    Types of Indictable Offenses

    Indictable offences are categorized into three tiers based on severity: Class 1 (most serious like murder), Class 2 (intermediate like assault) and Class 3 (least serious like robbery).

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    Jury Trial in Crown Court

    Defendants in the Crown Court have the right to request a jury trial. The judge presides over the trial, while the jury determines the verdict.

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    Wager of Law

    An Anglo-Saxon legal practice where the defendant denied guilt by swearing an oath and presenting 'oath helpers' who swore on their behalf.

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    Trial by Battle

    A Norman legal practice where accusations of felony were settled by combat. The plaintiff and defendant fought, with the judge acting as a supervisor.

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    Compurgators

    In the Wager of Law, these were people who swore under oath to support the defendant's claim of innocence.

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    Defendere Se Corpus Suum

    Latin phrase meaning 'to defend oneself with one's body', which was the principle behind the Trial by Battle.

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    Solicitors' Final Exam

    A comprehensive exam, created in 1903, that determined if someone could become a solicitor in England.

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    Law Society

    A professional organization responsible for regulating the practice of solicitors in England, including setting standards, exams, and fees.

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    Formal Education for Solicitors

    A 1-year period of formal education was mandated in 1922 for aspiring solicitors, requiring them to attend specific schools or colleges.

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    Solicitors' Right to Advocate in Court

    Solicitors were initially restricted in their ability to advocate in higher courts; they were granted these rights in 1990.

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    Becoming a Solicitor - 3 Years of Training

    The process to become a solicitor involves three years of training: a year of preparation, a clerkship/apprenticeship, and then registration on the list of solicitors.

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    Common Professional Examination

    A mandatory exam required for aspiring solicitors, offering a graduate diploma in law and covering key legal topics.

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    Legal Practice Courses

    Specialized courses focusing on legal practice, offered by universities, city law schools, or private institutions, providing practical skills for aspiring solicitors.

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    Foundations of Law

    The 7 core legal areas studied in legal practice courses: Contract Law, Criminal Law, EU Law, Public Law, Equity and Trust Law, Tort Law, and Land Law.

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    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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