Norman Conquest and Legal Changes
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Questions and Answers

What system was introduced after the Norman Conquest?

  • Democracy
  • Meritocracy
  • Feudalism (correct)
  • Monarchy

    • The Jury system was significantly changed immediately after the Norman Conquest.

    False

    Name one method of trial used in the Anglo-Saxon legal system.

    Ordeals

    The practice of ______ put a person beyond the protection of the law.

    <p>outlawry</p> Signup and view all the answers

    Match the following legal concepts with their descriptions:

    <p>Ordeals = Trials by physical tests Writs = Orders requiring a person to appear before a court Feudalism = Land allocation system among nobles and vassals Jury = Group of people passing judgment on disputes</p> Signup and view all the answers

    Who was a prominent figure leading the debate for succession to the throne after Edward the Confessor's death?

    <p>William the Conqueror</p> Signup and view all the answers

    The King's Court was also known as Curia regis and dealt primarily with substantive rights.

    <p>False</p> Signup and view all the answers

    What did the King allocate to his feudal vassals after the Norman Conquest?

    <p>Land</p> Signup and view all the answers

    What is the significance of the Earl of Oxford's case regarding common law and equity?

    <p>Equity can issue injunctions that prevent common law actions.</p> Signup and view all the answers

    The Supreme Court of Judicature Acts, 1873 and 1875 aimed to keep common law and equity completely separate.

    <p>False</p> Signup and view all the answers

    What principle suggests that equity assists those who are vigilant about their rights?

    <p>Delay defeats equity</p> Signup and view all the answers

    The court that issued an injunction to prohibit the enforcement of a common law order is called the ______.

    <p>Court of Chancery</p> Signup and view all the answers

    Match the following terms related to law reforms with their descriptions:

    <p>High Court = Divided into various divisions including Chancery Chancery Division = Handles equity cases King’s Bench Division = Handles matters concerning the King's justice Probate, Divorce and Admiralty Division = Handles issues related to family and maritime law</p> Signup and view all the answers

    Which statute made jury trials compulsory in criminal cases?

    <p>Statute of Westminster</p> Signup and view all the answers

    The Court of Common Pleas was founded by King Henry II in 1200.

    <p>False</p> Signup and view all the answers

    What was the primary function of the Court of King's Bench?

    <p>To handle criminal matters and cases concerning the monarchy.</p> Signup and view all the answers

    The Court of Chancery developed a body of rules known as _____ to address injustices in common law.

    <p>Equity</p> Signup and view all the answers

    Match the courts with their primary responsibilities:

    <p>Court of Common Pleas = Civil disputes between private parties Court of King's Bench = Criminal matters and cases involving the monarchy Court of Chancery = Equitable remedies and justice Court of Exchequer = Financial and revenue matters</p> Signup and view all the answers

    What did the Statute of 1290 accomplish?

    <p>Barred granting new feudal rights</p> Signup and view all the answers

    Equity remedies are available as of right while common law remedies are discretionary.

    <p>False</p> Signup and view all the answers

    What is the significance of the Judicature Act of 1873?

    <p>It merged several common law courts into the High Court.</p> Signup and view all the answers

    The _____ was responsible for disputes related to civil property and civil claims without direct interest of the King.

    <p>Court of Common Pleas</p> Signup and view all the answers

    What was a key distinction between common law and equity?

    <p>Common law is inflexible, while equity is more adaptable.</p> Signup and view all the answers

    What principle requires judges to follow previous rulings in similar cases?

    <p>Stare Decisis</p> Signup and view all the answers

    The Magna Carta was a document that limited the power of King John and established the rule of law.

    <p>True</p> Signup and view all the answers

    What role does a jury play in a trial?

    <p>The jury decides on the facts of the case.</p> Signup and view all the answers

    Without the correct _____, a plaintiff cannot seek justice in a court.

    <p>writ</p> Signup and view all the answers

    Match the following legal principles with their descriptions:

    <p>Stare Decisis = The principle of following precedents in legal cases Rule of Law = The concept that everyone is subject to the law Writ = A formal written order from a court Magna Carta = A document establishing individual rights and limiting royal power</p> Signup and view all the answers

    Which of the following was a reason for the criticisms against King John leading to the Magna Carta?

    <p>Imposition of tyrannical rules</p> Signup and view all the answers

    The King of England has no ability to override decisions made by royal judges.

    <p>False</p> Signup and view all the answers

    What does the term 'Rule of Men' refer to?

    <p>Rulers being held above the law.</p> Signup and view all the answers

    What was one of the eight elements identified by Lon L. Fuller concerning the inner morality of law?

    <p>Non-contradiction</p> Signup and view all the answers

    The creation of new writs leads to the creation of new _____ in the legal system.

    <p>rights</p> Signup and view all the answers

    What is the primary remedy provided by common law in cases of breach of contract?

    <p>Damages</p> Signup and view all the answers

    Equity allows recovery of damages based on how much the defendant gained from an action.

    <p>True</p> Signup and view all the answers

    What does the maxim 'He who comes to equity must come with clean hands' imply?

    <p>A plaintiff must not have engaged in any improper conduct related to their claim.</p> Signup and view all the answers

    The maxim '______ defeats equity' suggests that unreasonable delays can result in the dismissal of claims.

    <p>Delay</p> Signup and view all the answers

    Match the following maxims of equity with their descriptions:

    <p>Equity will not suffer a wrong to be without a remedy = A person must act fairly in seeking relief Delay defeats equity = Those who procrastinate may lose their claims He who comes to equity must come with clean hands = Every legal right must have a corresponding remedy</p> Signup and view all the answers

    Which case established the principle that a party should be able to recover damages if their civil rights are hindered?

    <p>Ashby v White</p> Signup and view all the answers

    In cases of breach of contract, equity typically offers remedies only when common law fails to do so.

    <p>True</p> Signup and view all the answers

    What is the significance of the case D & C Builders Ltd v Rees in equity?

    <p>It illustrates the principle that relief will be denied if the plaintiff has acted unethically.</p> Signup and view all the answers

    The principle that '________ is equity' emphasizes that parties should have equal rights and responsibilities in litigation.

    <p>Equality</p> Signup and view all the answers

    Which remedy is NOT typically associated with common law?

    <p>Injunction</p> Signup and view all the answers

    Study Notes

    Norman Conquest

    • Anglo-Saxons governed England prior to the Norman Conquest.
    • Edward the Confessor, childless, died in January 1066, leading to a succession dispute involving Harold Godwinson and Duke William.
    • Pre-Conquest England lacked a unified legal system, relying on oral customs and local courts.
    • Justice was often determined through ordeals (e.g., testing wounds), trials by combat, and outlawry.

    Post-Norman Conquest

    • Feudalism was introduced, with the king granting land to vassals.
    • This hierarchical system involved tenants-in-chief, intermediate tenants, and tenants in demesne (peasants).
    • While Anglo-Saxon legal elements persisted, like juries and writs, significant changes occurred.
    • Common law, largely developed after the conquest, is an important concept.

    Jury System

    • Juries, comprised of jurors, judged cases based on their knowledge.
    • Their role evolved over time to incorporate broader public participation.

    Ordeals and Trials by Combat

    • Trials by physical tests, particularly by fire or water, were common.
    • Trials by combat involved the disputing parties fighting.
    • Outlawry, placing a person beyond legal protection, allowed for their lawful killing.

    Writs System

    • Writs, written orders from the king, were used for various purposes and over time became increasingly common.
    • Henry II made writs available for purchase by individuals to seek justice.
    • Writs were tailored for specific complaints (e.g., debt, covenant, right).
    • New writs enabled the creation of new legal rights.

    King's Court (Curia Regis)

    • The King's Council, traveling with the king, became a vital judicial body.
    • It employed remedies based on existing customs rather than explicit rights.
    • Justiciars, royal judges, were deployed to apply common law in local courts.
    • Common law developed through precedents, creating a more predictable and reliable legal system.

    Strengthening Justice

    • The principle of stare decisis, or following precedent, made the law more certain.
    • Increased use of juries, with juries determining facts and judges applying the law.
    • The king, however, could overturn decisions made by royal judges.

    Magna Carta (1215)

    • King John's rule was challenged, leading to the Magna Carta, a significant document in establishing rule of law and individual rights.
    • Included the right to a jury trial and other provisions.
    • The document's impact continues.

    The Rule of Law

    • The rule of law states that everyone is subject to the law, both government and individuals.
    • It ensures equality before the law.

    Early Statute Law (e.g., Edward I)

    • Laws like the Statute of Westminster (1275) and the Statute of Gloucester (1278) expanded the scope of legal actions and altered legal procedures dealing with land. 
    • Some laws created under Edward I represent codified common law or formal rewording, not new legal principles (as claimed by others).      

    Royal Courts

    • The Curia Regis evolved into separate courts: Exchequer, Common Pleas, and King's Bench.
    • Common Pleas dealt with private disputes. 
    • King's Bench handled criminal and royal matters.
    • Exchequer handled financial affairs.

    Court of Chancery & Equity

    • The writ system's limitations led to petitions to the king.
    • Equitable principles emerged as a way to provide relief beyond strict common-law solutions.
    • The Court of Chancery became a vital court for "fairness" and "justice".

    Equity vs. Common Law

    • Equity aimed to address common law's shortcomings by offering remedies based on fairness and justice
    • Equity was discretionary, providing solutions where common law remedies failed.
    • Sir Nathan Wright ( Dudley v Dudley) describes equity as supplementing existing common law, not replacing it.
    • Courts could issue injunctions against the enforcement of a common law decision.

    Maxims of Equity

    • Basic principles guiding equitable decisions, often overlapping, and expressing fundamental moral concepts in the Court of Chancery.
    • Examples include: "equity will not suffer a wrong to be without a remedy," "he who comes to equity must come with clean hands," "equity acts in personam," and"delay defeats equity"

    Law Reforms

    • The Supreme Court of Judicature Acts (1873 and 1875) merged common law and equity courts.

    Additional Points

    • The development of law was more gradual and evolutionary.
    • New legal developments frequently stemmed from the correction or clarification of existing systems or practices.
    • Specific historical events and cases, particularly significant decisions, shaped legal frameworks over time.

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    Description

    Explore the significant transformations in England before and after the Norman Conquest, particularly focusing on the introduction of feudalism and the evolution of the legal system. This quiz delves into the jury system, historic justice methods, and the persistence of Anglo-Saxon legal elements post-conquest.

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