Common Law Overview

Definition and Key Features of Common Law

• Definition: Common law is a system of law that is based on previous court decisions rather than laws made by legislatures.

• Characteristics:

  • It started in medieval England and is founded on what local courts did, relying a lot on past decisions (precedents).

  • This differs from statutory law, which consists of laws created by a governing body (like Parliament).

  • Common law operates separately from religious laws, making it a secular system.

Historical Development of Common Law

• Before 1066: Different areas had their own local laws, causing differences and confusion.

• After 1066 (Norman Conquest): The Normans brought in uniform legal principles, mixing old and new laws.

• Henry II's Influence:

  • Introduced a system of standardized rules and established jury trials.

  • Developed the writ system, which are formal orders from kings or officials, that helped in administering justice.

  • Key Types of Writs:

  • Ordinary Writs: Commonly used and recorded officially.

  • Extraordinary Writs: Special orders used only in rare cases.

Key Legal Principles Established

• Assumpsit: This principle deals with compensation when someone breaks a contract or promise.

• Trover: Refers to the wrongful taking or holding of someone's movable property.

• Magna Carta (1215):

  • This document limited the king's power and introduced important rights for fair trials.

  • It established the idea that no one, even the king, is above the law.

Rise of Equity

• Equity developed to solve problems in common law by focusing on fairness.

• Key actions in equity include:

  • Injunctions: Court orders that either require someone to do something or stop doing something.

  • Specific Performance: A remedy that makes someone carry out their part of a contract.

Evolution of Common Law

• Modern Meaning:

  • Today, common law refers to legal systems in countries like the UK, USA, Canada, and Australia that largely depend on past decisions.

  • Judges interpret laws and can adapt their rulings to meet current needs.

Key Features Today:

• It still relies heavily on past decisions.

• It works alongside written laws (statutes).

• It is flexible and can change over time through court rulings.

Comparison with Civil Law Systems

• Common Law Characteristics:

  • Strong reliance on court judgments (precedents).

  • Adversarial process where opposing parties present their cases to a judge or jury.

  • Jury trials are very important in serious legal issues.

• Civil Law Characteristics:

  • Focuses more on written codes and laws than on court decisions.

  • Judges are involved in gathering evidence and investigating, rather than just acting as referees.

  • There is no big difference between law and equity.

Global Influence of Common Law

• Common law has spread due to British colonialism, resulting in many countries using common law principles.

• Countries like Canada, Australia, and India still have British common law influences while adjusting it to their own cultural contexts.

Important Legal Disputes and Their Significance

• Donoghue v. Stevenson (1932): Set the rule about duty of care in negligence cases, which protects individuals from harm.

• Davis v. Johnson (1979): Underlined the need to protect victims of domestic violence and the evolving legal perspectives on such issues.

• Regina v. R (1991): Ended the idea that marriage gives perpetual consent for sexual relations, acknowledging that consent must always be given.

Conclusion

• Common law is an important legal tradition that has influenced many legal systems around the world. Its reliance on past court decisions and its ability to change with society are key reasons for its continued importance.