Lecture 4- History Of English Legal System Common Law Lecture PDF

IFP0650 AN INTRODUCTION TO COMMON LAW- a system of precedents LEARNING OUTCOMES 01 02 03 Understand Understand Understand the history how how Judge of common common apply law law is still common used today law in...

IFP0650 AN INTRODUCTION TO COMMON LAW- a system of precedents LEARNING OUTCOMES 01 02 03 Understand Understand Understand the history how how Judge of common common apply law law is still common used today law in the to create UK case law  Before the Norman Conquest different areas of the UK were governed by different systems of Law. THE Each system was based on local area customs. HISTOR Y Law was therefore different from region to region. In 1066 William the Conqueror was crowned.  William the Conqueror created a Government in Westminster, London He started to standardise the THE Law in England. At this point England and Scotland were HISTOR separated. He sent out representatives Y to investigate and find out which laws were being used in each region These representatives of the King sat as Judges and found out all about the Laws from the administration.  The representatives all returned to Westminster in London to report back THE They then started to standardise the Law by going HISTOR through what the representatives has found and Y deciding which rules should be adopted The principle of stare decsisi – let the decision stand began here  Stare decisis – whenever a new problem came before the Courts a new rule was created. This rule would be followed in a similar case which came before the Courts at a later date THE These decisions, given by HISTOR Judges, created what we call ‘common law’. By 1250 this Y principle was established This common law creates consistency and develops a body of decisions which is still developing today  Today Judges give decision in case and this creates a body of case law ( common law) COMMO The higher courts make decisions which the N LAW lower courts then have to use when they are TODAY deciding similar cases Case law is therefore made up of the decisions of the higher courts THE COURT STRUCTURE  Certainty ADVANT Detailed practice AGES rules OF Law develops in CASE response to LAW demand Flexibility  Complexity and Volume DISADVAN Rigid TAGES OF CASE LAW Undemocratic Subject to chance ANY QUESTIONS?