Introduction to Common Law 500AD-1307AD

Question 1

Where and how were disputes decided in early Anglo-Saxon Law?

Answer 1

Through shire meetings (moots) where accusations were heard and decisions made based on proof:

1. Wager of law (others vouch for you)
2. Trial by ordeal (God intervenes to determine truth)

Question 2

How were offences against the community punished in early Anglo Saxon law?

Answer 2

By outlawry. The outlaw could be pursued and killed with impunity.

Question 3

What were the two types of compensation in early Anglo Saxon law?

Answer 3

Wergild- for murder and bot for other offences.

Question 4

How did the Norman ruler William change the system of Anglo-Saxon law in the 11th century?

Answer 4

After the Battle of Hastings (1066) William establishes his: 1. sovereignty (ability to make law) and 2. Absolute beneficial title (ownership of land).

Question 5

What is the doctrine of reception?

Answer 5

After William the Bastard

1. Conquest- leave laws alone until you want to change them
2. Terra nullius/ settlement- law is mposed
3. Treaty / cession- laws are blended

Question 6

Who established common law system and how?

Answer 6

Henry II by blending existing courtsL Manorial, Church (ecclesiastical) and Forest into a single common system; establishing Curia Regis (King’s Council) and appointing Justiciars (Judges)

Question 7

How was common law imposed?

Answer 7

By General Eyre and Assizes (travelling courts)

Question 8

Who was not covered by common law in the 12th century and why?

Answer 8

Clergy as a result of the ‘Benefit of the Clergy’ they were tried by church courts.

Question 9

What was the Magna Carta and why was it written?

Answer 9

As a treaty between John Lackland (weak king) and the Barons in 1215. It constitutionalized the king’s power. Established proto-jury system in clause 39: ‘Freemen cannot be dispossessed or outlawed except by judgement of peers and law of the land.’

Question 10

What were the law reforms made by Edward I (13th century)?

Answer 10

1295- legally elected legislature.
Development of embryonic courts:
1. Exchequer (tax)
2. Common pleas (civil action)
3. King's Bench (criminal- involving the crown)

Question 11

What were the features of the English legal system at the end of the 14th century?

Answer 11

• Professional common law judges
• System of courts
• Bureaucracy
• Service done in writ
• Bound by previous judgements (doctrine of precedent/ stare decisis)