Podcast
Questions and Answers
What was the foundational basis of English common law, differing it from continental Europe's ius commune?
What was the foundational basis of English common law, differing it from continental Europe's ius commune?
- Roman law and established legal codes.
- Philosophical ideals and moral principles.
- Religious doctrines and papal decrees.
- Judicial decisions, customary practices, and procedural innovations. (correct)
Which of the following best represents a key contribution of Henry II in the development of English common law?
Which of the following best represents a key contribution of Henry II in the development of English common law?
- The creation of common law based on Roman law.
- The establishment of ecclesiastical courts.
- The centralization of royal justice through royal courts. (correct)
- The introduction of ius commune within England
How did the use of itinerant judges contribute to the development of English common law?
How did the use of itinerant judges contribute to the development of English common law?
- By ensuring the same laws are applied in different regions. (correct)
- By limiting the authority of local courts.
- By promoting the use of trial by combat.
- By creating new interpretations of Roman law.
Which procedural innovation significantly shaped the character of English common law?
Which procedural innovation significantly shaped the character of English common law?
What is the significance of precedent in the English common law system?
What is the significance of precedent in the English common law system?
What was the notable tension between common law and ecclesiastical courts?
What was the notable tension between common law and ecclesiastical courts?
What role did the Inns of Court play in the development of common law?
What role did the Inns of Court play in the development of common law?
Which is not a characteristic of the English common law?
Which is not a characteristic of the English common law?
Flashcards
Common Law
Common Law
English legal tradition based on judicial decisions, customs, and procedures rather than Roman law. It emphasizes precedent and fairness.
Centralized Royal Courts
Centralized Royal Courts
Royal courts established by English kings, like Henry II, to centralize and standardize legal procedures across the kingdom.
Writs
Writs
Formal orders issued by courts to initiate legal actions, defining procedures in English law.
Trial by Jury
Trial by Jury
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Reliance on Precedent
Reliance on Precedent
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Inns of Court
Inns of Court
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Serjeants and Barristers
Serjeants and Barristers
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Ius Commune
Ius Commune
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Study Notes
English Common Law Origins
- English common law differed from continental European legal traditions (ius commune)
- Based on judicial decisions, customs, and new procedures, not Roman law
- Royal courts centralized justice and created uniformity
Centralization of Justice
- Henry II (12th century) initiated reforms
- Established royal courts to standardize procedures across England
- Itinerant judges applied law consistently in local areas
Procedural Innovations
- Trial by jury and writs (formal legal orders) were key procedural elements
- Regularized procedures fostered fairness and predictability
Reliance on Precedent
- English judges based decisions on past rulings, building a body of case law over time
- This differentiated English common law from the more theoretical continental approach
Interactions with Other Legal Systems
- Roman and canon law influenced some English legal aspects (e.g., equity, church courts)
- Tensions existed between common law and church courts over jurisdiction
Legal Professionals and Institutions
- Emergence of legal professionals (serjeants, barristers) formalized law practice
- Inns of Court in London became centers of legal learning and professional growth
Key Figures and Institutions
- Henry II: Key figure in establishing the foundation for common law
- Royal Courts: such as the Court of Common Pleas and the King's Bench were crucial in the development of common law
- Legal Professionals: trained in the Inns of Court played vital roles in shaping English law.
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Description
Explore the unique characteristics of English common law and its origins. This quiz covers the centralization of justice during Henry II's reign, procedural innovations, and the reliance on precedent in judicial decisions. Delve into how these elements shaped the legal system in England compared to continental traditions.
