[LEGHIS] Common Law

What are the similarities between England and the Philippines

• Both colonized by a foreign European power, which centralized the administration of justice

• Feudalism was introduced

• Christianity as a source of law

• Law is in a foreign language

What was the book of laws in Spanish canon law

Hispana

What was the law for international trade in the medieval period

Law Merchant

What are examples of the English concept of equity

• Clean hands

• Good faith

• Full disclosure of hidden facts

• Fair dealing

• Eequality

What kind of legal culture did American puritanism produce

• Individual accountability

• Suspicion of discretion

• Insistence on rigid rules

How is Puritanism manifested in the law of torts in the US

• Contributory negligence

• Assumption of risk

Define contributory negligence

If you’re partly to blame for your own injury, you can’t recover damages

Define assumption of risk

If you take a risky job, you have to live with all the dangers that come with it

How did Puritanism inform criminal law

• Offenders treated impersonally, so they hated probation and juvenile justice

• Crime seen as a moral choice — if you do evil, you’re an evil person