Podcast
Questions and Answers
What was the main reason for standardizing the law in England after the Norman Conquest?
What was the main reason for standardizing the law in England after the Norman Conquest?
- To create a system of law based on religious principles rather than local customs.
- To establish a more powerful and centralized government.
- To make the law more consistent and predictable across different regions. (correct)
- To ensure that all citizens had equal access to justice.
What is the significance of the representatives sent out by William the Conqueror?
What is the significance of the representatives sent out by William the Conqueror?
- They established the foundation for the legal system in Scotland, which was later separated from England.
- They played a crucial role in developing a unified legal system based on local customs. (correct)
- They were the first judges to apply the principle of stare decisis in English law.
- They were appointed by the King to enforce existing laws throughout England.
What is the meaning of ‘stare decisis’?
What is the meaning of ‘stare decisis’?
- The principle of precedence where judges rely on previous judgments in similar cases. (correct)
- The doctrine that judges should only interpret the law and not create new laws.
- The idea that the law should be based on reason and logic, rather than tradition.
- The concept that all legal disputes must be settled in a court of law.
How did the principle of ‘stare decisis’ contribute to the development of common law?
How did the principle of ‘stare decisis’ contribute to the development of common law?
Which of the following statements accurately describes the relationship between William the Conqueror and the development of common law?
Which of the following statements accurately describes the relationship between William the Conqueror and the development of common law?
Flashcards
Common Law
Common Law
A legal system based on case precedents rather than statutes.
Stare Decisis
Stare Decisis
A legal principle of determining points in litigation according to precedent.
Historical Development
Historical Development
The evolution of common law began after the Norman Conquest in 1066.
Regional Laws Before 1066
Regional Laws Before 1066
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Judicial Representatives
Judicial Representatives
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Study Notes
Introduction to Common Law
- Common law is a system of precedents.
- It's a system where judges use past decisions (precedents) to make decisions in current cases.
Learning Outcomes
- Understand the history of common law.
- Understand how common law is used today.
- Understand how judges apply common law in the UK.
The History
- Before the Norman Conquest, different regions in the UK had their own local customs-based laws.
- In 1066, William the Conqueror created a government in Westminster, London, aiming to standardize laws across England.
- Representatives were sent out to gather information about local laws.
- These representatives acted as judges, creating case law and setting precedents.
The History (Continued)
- These representatives returned to London and developed a standardized law system.
- 'Stare decisis' (let the decision stand) was introduced, meaning similar cases should have the same outcome.
- By 1250, common law principles were established.
The History (Concluded)
- Common law principles continue to evolve and remain flexible.
- The principle of precedent created consistency, enabling accurate practice rules.
Common Law Today
- Modern judges continue interpreting common law and making decisions.
- Higher court decisions set precedents that lower courts must follow in similar cases.
- Case law comprises decisions from higher courts.
Court Structure
- The judiciary has a hierarchical structure.
- The highest court is the Supreme Court.
- Lower courts (e.g., magistrates courts, county courts, High Court of Justice) follow the precedent set by the higher courts in similar cases. Within each system there is a court of appeal. The criminal and civil courts are separate.
Advantages of Case Law
- Certainty: Well-defined rules and consistently applied precedents offer clear guidelines.
- Detailed Practice Rules: Detailed legal procedures emerge from past cases.
- Flexibility: Case law adapts to the needs of society making it flexible.
- Law in Response to Demands: Law develops according to ever-changing needs.
Disadvantages of Case Law
- Complexity and Volume: Case law can be voluminous and difficult to navigate.
- Rigid: Case law can sometimes be seen as rigid or inflexible as it relies on the principle of stare decisis.
- Undemocratic: The creation of law by judges could be perceived as undemocratic.
- Subject to Change: The development of laws based on precedent can be influenced by chance occurrences.
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