Origins of the Common Law

• Common law's historical roots are in England, with "communa" being the Latin term.
• The term "common law" has different meanings depending on the context: common law vs civil law, common law vs customary law, common law vs equality, and common law vs statutory law.
• English law developed in England; Scotland maintains a separate legal system, while Wales and England have largely unified legal systems.
• 1536: Union with Wales
• 1707: Union with Scotland
• 1801: United Kingdom of Great Britain and Ireland.
• 1922: Independence of the Irish Republic, resulting in the UK of Great Britain and Northern Ireland.
• The English common law system was characterized by early centralization and a sophisticated bureaucracy, which led to a procedural way of legal thinking.
• English legal history, like Nordic countries, features continuity, with step-by-step development rather than abrupt changes.

Origins of the Common Law

• William the Conqueror established a centralized bureaucracy; the Domesday Book was commissioned to gather information on land ownership for taxation purposes.
• William centralized the administration of justice through the Curia Regis, composed of lords and loyalists acting as judges.
• The Curia Regis evolved into the Courts of Westminster, hearing cases from regular subjects and establishing common legal principles which unified the legal system.
• Traveling justices were sent out to decide disputes, marginalizing feudal justice.
• Courts of Westminster lasted until 1875.

Writs

• Writs were written commands from the king to officials or judges, briefly indicating a matter under dispute, issued by the Chancery.
• Writ texts became standardized and categorized into 'forms of action'.
• Early writs were written in Latin.

Success of the Courts of Westminster

• King’s Bench, Exchequer, and Court of Common Pleas were the main courts.
• These courts offered more efficient remedies, trial by jury, and coercive execution of judgements, they were more popular and case law was the applicable law.
• Local rules of law gradually faded.

Crisis of the System of Writs

• From the 13th to 15th century, the nobility opposed the King's increasing jurisdiction.
• Dissatisfied plaintiffs sought Aequitas from the King, who delegated this function to the Chancellor, leading to the Court of Chancery.

Development of Equity

• Equity is the body of case law developed by the Court of Chancery from the 14th century onward.
• A rule established by James I in 1616 declared the supremacy of equity in case of conflict with common law.
• Senior Courts Act 1981, Section 49, maintains concurrent administration of law and equity, prioritizing equity in conflicts.

Court System Until the 19th Century

• All courts were based in London, except for the Justice of the Peace.
• The County Courts Act (1846) was enacted to facilitate easier recovery of small debts.
• The expansion of credit led to the creation of a network of 220 local courts.

Transformation of the Court System

• The Judicature Acts of 1873-1875 reorganized the court system into a more uniform structure.
• A single Supreme Court of Judicature was created, consisting of two levels of jurisdiction.

Common Law in North America

• English common law was applied in North American colonies.
• Disputes were initially resolved through religion.
• Lawyers educated in England emigrated to America, bringing their legal knowledge.