Essay Topic 2

Law in Pre-Norman England

Romand introduced their legal system in Britain during the Roman era but did not take root in England as in continental Europe.

Anglo-Saxon tribes established separate kingdoms with their own legal codes based on tribal customs and communal justice.

Norman invasion by William the Conqueror in 1066 led to the establishment of a centralized federal system in England.

Development of a Royal Court System

Anglo-Norman kings viewed justice as a royal obligation to maintain public order and punish wrongdoers.

Royal courts of justice were crucial to the emergence of the common law system.

Three separate royal courts were established: Court of Common Pleas, Court of Queen’s Bench, and Exchequer Court.

Feudalism and Centralized Government

William the conqueror introduced feudalism to unify England under a single monarch.

Established a centralized government administration with the Curia Regis advising the king.

Expansion of the legal system through royal courts of justice contributed to the formation of common law.

Writ System

Introduced a civil procedure where plaintiffs had to purchase a writ from the king to start a legal action.

Chancellor issued writs due to the king’s inability to issue all personally, leading to a formalized system of writs.

In the 15th century, Chancery Court separated from common law courts to provide equitable justice based on fairness. This allowed for cases to be decided on principles of fairness rather than rigid legal rules and procedures. This separation helped to develop the foundation for modern equitable principles in the legal system.

Judicature Acts

Judicature Acts in 1873 unified common law and equitable rules under one court system un England.

Established the High Court of Justice of Appeal, allowing further appeal to the House of Lords.

In Canada, provinces have unified high court systems applying both common law and equitable rules.

Main features of common law

Reliance on precedent and the principle of stare decisis are key features of the common law system.

Adversarial process in court where opposing litigants present cases without interference from the judge.

Legislation and case law are the primary sources of law in common law jurisdictions.

Rules of Precedent

Judges apply earlier judicial decision to similar cases, leading to the development of common law.

Stare decisis principle dictates that similar cases should be treated alike, ensuring consistency in judicial decisions.

Courts have the power to overrule precedents for the sake of justice, known as horizontal stare decisis

Developing new precedents

Courts may establish new precedents based on similar cases, policy considerations, societal changes, and approaches in other jurisdictions. Courts may articulate new rules if they represent a reasonable change to the common law system.

Adversarial system

Common law system follows an adversarial approach in court where lawyers present cases without judge interference.

Primary responsibility for case presentation lies with opposing litigants and their counsel.

Judges render decisions based on factual and legal material presented during the case.