Sources of English Law
Sources of English Law
By Christopher Richards
9/11/09
Executive Summary
In this report I will be discussing the English Legal System, its structure and its primary sources. English law and its legal structure forms the basis of many countries common law legal system, this includes most commonwealth countries and the United States. English law falls into two broad categories:
Civil law - derived from Roman law, it is applied when “wrongs” have been made against individuals; it is also know as a claim or an action. Criminal law - first instrumented following the Norman Conquest of 1066, Its offences relate to “wrongs” against property and, or persons which affects the whole community, it is often referred to as prosecution..
I will explain why the methods and tools of statutory interpretation are necessary for the correct implement of statutes and how judicial president formed the backbone of English common law.
Introduction
The English legal system stems from The Norman Conquest, William of Normandy invaded England in 1066 and upon successfully defeating his adversary he gained the crown of England. William formed the fist basic government “The King’s Council“(Magnum Concilium) comprised of Lords, Bishops, Barons and other trusted figures Who’s advice which the monarch relied on. Introduced the separation of lay courts and church courts with a binding jurisdiction leading to church law i.e.: clergy were tried in there own courts. As the Monarch William owned all of England with lords, bishops and barons possessing land as tenants or sub tenants, this prompt the introduction of Feudalism of land tenure and judicial activity. “Common law” would be established by Judges discussing conduct and behaviour throughout the land, still at this point no legislation was ever written down. Further changes arise, these includes the advancement of “Case law” setting precedent through facts of similar cases that have already been decided so that it can be judged equally,
By Christopher Richards
9/11/09
Executive Summary
In this report I will be discussing the English Legal System, its structure and its primary sources. English law and its legal structure forms the basis of many countries common law legal system, this includes most commonwealth countries and the United States. English law falls into two broad categories:
Civil law - derived from Roman law, it is applied when “wrongs” have been made against individuals; it is also know as a claim or an action. Criminal law - first instrumented following the Norman Conquest of 1066, Its offences relate to “wrongs” against property and, or persons which affects the whole community, it is often referred to as prosecution..
I will explain why the methods and tools of statutory interpretation are necessary for the correct implement of statutes and how judicial president formed the backbone of English common law.
Introduction
The English legal system stems from The Norman Conquest, William of Normandy invaded England in 1066 and upon successfully defeating his adversary he gained the crown of England. William formed the fist basic government “The King’s Council“(Magnum Concilium) comprised of Lords, Bishops, Barons and other trusted figures Who’s advice which the monarch relied on. Introduced the separation of lay courts and church courts with a binding jurisdiction leading to church law i.e.: clergy were tried in there own courts. As the Monarch William owned all of England with lords, bishops and barons possessing land as tenants or sub tenants, this prompt the introduction of Feudalism of land tenure and judicial activity. “Common law” would be established by Judges discussing conduct and behaviour throughout the land, still at this point no legislation was ever written down. Further changes arise, these includes the advancement of “Case law” setting precedent through facts of similar cases that have already been decided so that it can be judged equally,