and the common law tradition Contents Introduction 22 2 1 Judging the operation of the legal system 23 2 2 2 3 2 4 2 5 2 6 The common law tradition and its influence upon the English legal system 27 Have we seen the historical rise and fall of the common law tradition? 31 Substantive law and procedure
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The origin of English Common in the 12th century was sparked by the death of King Henry I in 1135. The nephew of Henry I was Stephen‚ and he was acknowledged to be the rightful king‚ but the magnates and such had sworn loyalty to Henry’s daughter‚ Matilda. The entire reign of Stephen‚ which lasted from 1135 to 1154‚ was spent fighting with Matilda and her French husband. Upon Stephen’s death the son of Matilda‚ Henry II‚ became king in 1154. It was from here on that the King started to take
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The History of the Common Law of England by Matthew Hale 1713 I. Concerning the Distribution of the Law of England into Common Law‚ and Statute Law. And First‚ concerning the Statute Law‚ or Acts of Parliament The Laws of England may aptly enough be divided into two Kinds‚ viz. Lex Scripta‚ the written Law: and Lex non Scripta‚ the unwritten Law: For although (as shall be shewn hereafter) all the Laws of this Kingdom have some Monuments or Memorials thereof in Writing‚ yet all of
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Legal System of HK Seminar 2: Common Law System and Ideology (9/9/13) Substantive justice VS procedural justice Influence of external forces on legal system‚ they interact in the law making processes and affect what is morally right or wrong‚ law is not the only tool responsible for maintain social order‚ people have private life and other systems (social control‚ culture‚ religions…) to guide people’s life and behaviours LAW: Certainty‚ predictability‚ there should be an authorities to
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English Law is broad‚ with the real starting point at the Norman Conquest in 1066. During that time‚ England was mostly ruled by customs prior to the Conquest. It wasn’t until William the Conqueror took throne that modern English law started to develop‚ under the common law. Fast forward to 21st century‚ and now the law has been a lot more developed‚ with its sources divided into two‚ the primary source and the secondary source. The primary source being case law‚ legislation‚ and European law. In the
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Outline the development of common law and equity. Before common law and equity came into existence‚ there were only customs that protected the people and their rights. Customs can be divided into general customs and local customs. General customs are said to be the basis of common law because it is thought that after the Norman Conquest‚ judges who travelled around the land making decisions in the King’s name based at least some of their decisions on the common customs. Local customs only
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Civil and Common law countriesContents TOC \o "1-3" \h \z \u Introduction PAGEREF _Toc383004748 \h 4Historical development of Civil law PAGEREF _Toc383004749 \h 4The source of Civil law PAGEREF _Toc383004750 \h 5The historical development of Common law PAGEREF _Toc383004751 \h 6The source of Common law PAGEREF _Toc383004752 \h 7The main differences between Civil law and Common law PAGEREF _Toc383004753 \h 7Conclusion PAGEREF _Toc383004754 \h 8Reference List PAGEREF _Toc383004755 \h 9 Discuss the
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Civil law is primarily contrasted against common law‚ which is the legal system developed among Anglo-Saxon people‚ especially in England. The original difference is that‚ historically‚ common law was law developed by custom‚ beginning before there were any written laws and continuing to be applied by courts after there were written laws‚ too‚ whereas civil law developed out of the Roman law of Justinian’s Corpus Juris Civilis (Corpus Iuris Civilis). In later times‚ civil law became codified as
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of common law and equity Introduction I have been asked to write a essay on the development of common law and equity. Common law refers to the law created by judges that was historically significant but has been since replaced by parliament common law is the basis of our law today it is an unwritten law that developed from customs and judicial decisions. It is parallel with equity which refers to the source of law created by the Lord Chancellor which was designed to supplement the common law
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Table of Contents: Page Number Outcome-1………………………………………………………………….3 Outcome-2………………………………………………………………….5 Outcome-3………………………………………………………………….6 Outcome-4………………………………………………………………….8 Bibliography………………………………………………………………...10 Outcome 1: Before describing Bill and James legal position according to their activities‚ the formation of a contract has given below in Figure 1: [pic] By the formation of contract‚ the legal position of Bill
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