History And Application Of Common Law

1873 words - 7 pages

1a) Common Law, also widely known as Case Law, derived from the old English common law, is largely based on precedents, where judicial decisions were already previously made in similar cases where it is used as reference bases or sources of law. Also, common law is not codified, which generally means there is no comprehensive compilation of legal rules and not written in statues [The common law and civil law traditions, 2010:1].

It is during the Middle Ages, after the Norman Conquest in 1066, where Common Law is believed to be formed from the changing and centralizing powers of the king, where “the medieval kings began to consolidate power and established new constitutions of royal authorities and justice” and in the seventeenth century when the common law triumph over the other laws, when Parliament established check on the power of the English king and claimed the right to define the common law an declare other laws subsidiary to it. [The common Law and Civil Law Traditions, 2010: 3-4] . Two obvious examples would be the Marriage Law, a traditional marriage where couples need not to obtain a marriage license, or perform a formal wedding [Cathy Meyer, 2013:1] or when a child lost both parents, is adopted by another couple, with no legal papers.

Common law involves two opposing parties, which are juries, ordinary people with no background legal training, whom decides on the facts of the case, and the judge who determines the appropriate punishment, or sentence, based on the jury’s verdict [R.C. Van Caenegem, 1988:3-4]. Incase whereby according to [Marbury v. Madison, 1803] if “the court finds that the current dispute is fundamentally distinct from all previous cases, judges have the rights, authority and duty to make law by creating precedent, thus this will bind future courts.” Precedent, previously, means that the presiding judges determine the precedent to be applied on each new case. These precedents are maintained over time through records of the courts as well as historically documented in collections of case law known as yearbooks and reports. As a result, judges have an enormous role in shaping British law.

b) Court of equity, also known as the court of Chancery, (court of the king’s chancellor) which was developed two hundred years after the birth of common law was invented, functions to resolves the difficulty and dispute that common law failed to address [The common Law and Civil Law Traditions, 2010: 3-4]. Court of equity applied a set of principles and maxims of equity in accordance to natural law and Roman law, rather than applying common law that supplement strict rules of common law where their application would operate harshly to achieve a just outcome and fairness. Equity was put into consideration when a person cannot receive justice in common lawcourts, due to being poor as writs cost money, or his adversary was too powerful. Also, petition would plead “for the love or God” and as Chancellor became more superior,...

Find Another Essay On History and Application of Common Law

Common Law And Marriage Essay

1279 words - 5 pages Common Law relationships are steadily increasing due to several precipitating events.Studies, ranging from the 1930's to 1990's, have proven that couples all over the world are choosing to live common law rather than committing themselves through the legal act of marriage. In the last hundred decades marriage was traditionally based upon the women staying home, raising children, while the man went out and earned a living to support the family

Sources of Common Law Essay

4071 words - 16 pages the common law by deciding cases in the light of justice and fairness rather than the strict letter of the law that may cause injustice in individual cases. German philosopher Hegel pointed out that equity permits the achievement of fair and just results in situations in which the literal application of statute or common law might otherwise lead to unfairness or injustice. [4: Available at http://cw.routledge.com/textbooks/9780415497718/downloads

The Common Law of Employment

607 words - 3 pages The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in

A comparative view of contract in civil law and common law

1720 words - 7 pages Table of Contents1. Memorandum of Advice12. Background and Purpose of the Memorandum33. Important elements of a contract43.1A notion of common law ……………………………………..43.2 A notion of civil law…………………………………………..44. Differences of contract

The History, Theory, and Application of Avogadro's Principle

691 words - 3 pages conclusions of two chemists of the early 1800s: Joseph Louis Gay-Lussac and John Dalton. Dalton, founder of the Law of Multiple Proportions and the Law of Definite Proportions, was established in the emerging chemistry field. In 1808, when the terms of atoms and molecules were not clearly identified, Dalton proposed in his publication, New System of Chemical Philosophy, that atoms were the combining units in chemical reactions, and when two elements

The Evolution of Criminal Law: From the Common Law to Modern Statutes and the Model Penal Code

4557 words - 18 pages BCE Translated by L.W. King. Retrieved on June 6, 2005 from http://leb.net/~farras/history/hammarabi.htmHazard, G. C. Jr. (1983) Criminal Justice System, 2 Encyclopedia of Crime and Justice, New York pg. 450, 451Henderson, E. F. (1892) Selected Historical Documents of the Middle Ages. London, pg 182.Holmes, O. W. Jr. The Criminal Law, The Common Law. Reterivered on June 6, 2005 from www.Constitution.org, scanned and proofread by Thiel, S. E. (2000

History of Marriage Law

2629 words - 11 pages History of Marriage Law While abortion law is a lot more straightforward and the patterns are obvious, marriage law in the United States is a bit more complicated. -English common law, and early American law, before the 1820's treated marriages like business mergers. The fathers paid dowries and often arranged marriages for their daughters. In the early 1800's fathers could contract their daughters to marriage as early as age 12 and there

History of Law Enforcment

2173 words - 9 pages HISTORY OF LAW ENFORCEMENTThe early police forces in nineteenth-century America were modeled in part on the Metropolitan Police of London, formed in 1829 by Robert Peel (hence the nicknames "peelers" and "bobbies"). But American police came to differ from the police of other Western nations in several important ways. First, they have always been a part of local government, unlike other countries where the local police are a part of a nationally

The History of the Romans: Development of Government and Law

3735 words - 15 pages throughout the Roman rule. Jus gentium, a new branch of Roman law, was developed during the Roman Republic's expansion. Jus gentium combined with Greek ideas of rationale and was identified with jus naturale (natural law). In 212 A.D., Roman citizenship was granted to all free people in Roman provinces. Jus gentium was applied throughout the Roman Empire. Although the Pax Romana was one of the greatest periods of peace in Roman history, it was not

The relationship between human rights and common law

2505 words - 10 pages legislating to ensure compliance, it is not surprising the Australian courts have had to determine the role of human rights and their application to Australian law.The current role of human rights in Australian common law is in a state of flux, a position espoused by Kirby J in Newcrest Mining (WA) Ltd v Commonwealth . This suggestion both provides an accurate general depiction of the application of international human rights to Australian common

The History of Law and the Justice System

1552 words - 7 pages of which received the death penalty. However, Hermann Goring committed suicide only hours before his execution. The crimes of the Nazis included torture, deportation, persecution, and mass extermination. This trial expressed that in wartimes, basic standards still apply in spite of military law principles. During my project, I learned a lot about where the laws of today come from. Tracing all the way back through history is effective because when

Similar Essays

Comparison Of Common Law And Equity Law

2888 words - 12 pages damages and injunctive relief.Delaware still has separate courts of law and equity, and in many states there are separate divisions for law and equity within one courtCommon lawThe common law forms a major part of the law of those countries of the world with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting precedent derived from centuries of judgments by working jurists.There are

The Development Of Common Law And Equity

3149 words - 13 pages The Development of Common Law and Equity 1.0 Introduction I have been asked to write a report 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 superseded by parliament. It is in parallel with equity which refers to the source of law created by the Lord Chancellor which was designed to supplement the common law

The History Of English Common Law In Hong Kong

833 words - 3 pages local courts. Through the central authority, a unified system of Law was slowly used and it is known as the Common Law. We called it Common Law because the Common Law was common to all men within the King judicial system. As the local custom preceded both judicial precedent and legislation, we can say it is the original source of Law.The Writ SystemWithin the three hundred years after Norman Conquest, local custom was slowly replaced by the Common

Common Law And Equity Essay

1677 words - 7 pages Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in parallel with the common law. It was designed to complement it, providing remedies for situations that were unavailable at Law. Because of this, Equity provided a dimension of flexibility and justice that was often times lacking because of the common law’s rigidity. This rigidity stems from the fact