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Origin of Common Law in England

Explore the origins and development of common law in England, its role in unifying the country and increasing royal power, and its spread throughout the world via colonization and war. Learn about the key figures and historical events that shaped the common law system.

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Questions and Answers

What was the main purpose of the common law in England in 1066?

Unifying England and increasing royal power

Who elaborated on a system of actions and courts of law in England around 1150-1160?

King Henry II

What limited the jurisdiction of the common courts in England?

The writ system

What was the purpose of the Court of Chancery created in the 15th century in England?

<p>To provide relief other than money damages</p> Signup and view all the answers

In what way did a plaintiff without a proper writ face a problem under the common law?

<p>They were left with no remedy</p> Signup and view all the answers

Which legal concept introduced the rules of trust and provided for remedies such as injunctive relief and specific performance?

<p>Law of equity</p> Signup and view all the answers

What is the principle of stare decisis in the context of common law systems?

<p>Respecting precedent</p> Signup and view all the answers

In common law systems, what is the role of conventions as a source of law?

<p>Influential but unwritten source of law</p> Signup and view all the answers

What is the purpose of en banc decision in common law systems?

<p>To establish a unique and binding solution in cases of divergences within the same court</p> Signup and view all the answers

Which common law system is characterized by its respect for precedent, adversarial role for juries, and the presence of civil law?

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

What is the traditional definition of law according to the text?

<p>Centralized production of legal rules by legislatures, applied by courts, combined with centralized coercive enforcement</p> Signup and view all the answers

According to Gillian Hadfield and Barry Weingast's nuanced definition, what defines an environment organized on the basis of a legal order?

<p>The presence of an identifiable entity supplying a normative classification scheme and actors foregoing wrongful actions to a significant extent</p> Signup and view all the answers

What is the significance of the legal rules created by territorial competent authorities?

<p>They form the basis for various legal systems such as Spanish, Catalan, and French legal systems</p> Signup and view all the answers

What is the central idea behind the 'monopoly of coercion' in the context of law?

<p>It refers to a single centralized authority's exclusive right to enforce legal rules using coercion</p> Signup and view all the answers

What is meant by 'normative scheme: substantive law' according to the text?

<p>The legitimacy given to the authority to adopt whatever decision the population allows the authority to adopt</p> Signup and view all the answers

In Max Weber's context, what does the term 'monopoly on violence' refer to?

<p>&quot;An institution deliberately supplies a normative classification scheme&quot;</p> Signup and view all the answers

What characterizes an environment organized on the basis of a legal order according to Gillian Hadfield and Barry Weingast?

<p>&quot;There is an identifiable entity that supplies a normative classification scheme&quot;</p> Signup and view all the answers

What is meant by 'procedures – legitimacy' in the context of law?

<p>The legitimacy given to certain procedures in law</p> Signup and view all the answers

According to Max Weber, what does the term 'monopoly on violence' refer to?

<p>The absence of any authority having the right to use violence</p> Signup and view all the answers

What defines an environment organized on the basis of a legal order according to Gillian Hadfield and Barry Weingast?

<p>There is an identifiable entity that supplies a normative classification scheme</p> Signup and view all the answers

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