The History and Development of Judge Made Law Flashcards
1
Q
Why is the history of the writ system important?
A
It highlights an underlying feature of the common law, namely its focus on procedure.
2
Q
_____ is the hierarchical system of social & political organisation based on land ownership.
A
feudalism
3
Q
How did common law develop from the fact that Kings had no real local knowledge?
A
The king and delegate dealt with petitions that like cases should be treated alike;
It formed the foundation of stare decisis as it was a way of dealing with arbitrariness
4
Q
The term ‘_____ law’ reflected the fact that the king’s rules applied throughout the land to everyone regardless of custom in their own county.
A
‘common law’
