Week 3 Lecture

Question 1

What are the early origins of the English Legal system?

Answer 1

Celtic and Roman origins

Anglo-Saxon Law

Question 2

What kind of law did anglo-saxon law consist of?

Answer 2

Local / Tribal Custom
Private Treaty
Laws of a recognised authority (Kings)
King Alfred of Wessex – legislation involved scripture 
Danish invasion of the 9th century

Question 3

In the early systems of law, was law unifomed?

Answer 3

No, laws were local.

Question 4

In the early system of laws, what were towns, guilds and religious organisations governed by?

Answer 4

Own laws

Question 5

In the early systems of law, what did application depend on?

Answer 5

Locality and social position.

Question 6

In the early systems of law, was corporal violence common?

Answer 6

Yes.

Question 7

In 1066, what occurred?

Answer 7

The Norman Consequence.
Immediate problem: L
No significant changes made to Anglo-Saxon law

Question 8

What was the immediate problem of the Norman conquest?

Answer 8

Large area with a hostile population, with different customs and languages, separated from Normandy by the sea

Question 9

What occured during the Norman conquest?

Answer 9

Invasion of England by William, Duke of Normandy

Question 10

During the Norman conquest, were there any changes made to Anglo-saxon law?

Answer 10

None.

Question 11

What did normans claim during the norman conquest?

Answer 11

Possession of land.

Question 12

What did Normans introduce during the Norman conquest?

Answer 12

Continental Feudalism.

Question 13

What was feudalism?

Answer 13

A system of leases

Question 14

What did feudalism permit?

Answer 14

It permitted the Crown to maintain effective right and title to all land, while exercising control in multiple locations without being physically present

Question 15

In feudalism, how was local control maintained?

Answer 15

Local control maintained by tenants dependent on the Crown for continued ownership/ occupation and use of land

Question 16

In feudalism, who were subtenants dependent on?

Answer 16

Those from whom they leased land.

Question 17

What is the relevance of feudalism?

Answer 17

Permitted control of a large territory by relatively peaceful means.

Question 18

What laid the foundations for modern land law such as tenanacy?

Answer 18

Fedualism.

Question 19

What did feudalism cement as a major element in legal relations?

Answer 19

Oath and promise.

Question 20

What did feudal relations lock the King and nobility as?

Answer 20

Keepers of the peace

Question 21

How did the King deal with peace in feudalism?

Answer 21

The King became the apex of all complaints, because he had power to bring local authorities into line

Question 22

During feudalism, what did complaints often involve?

Answer 22

Complaints often involved allegations of local corruption and outcomes that favoured the nobility or local powerful factions

Question 23

What did the King’s justice cause?

Answer 23

Origin of stare decisis and application of common law throughout the land

Question 24

What were the advantages of king’s justice?

Answer 24

Avoidance of arbitrariness

Locals able to find “justice” outside of local factors

Question 25

What were the disadvantage of king's justice?

Answer 25

King had a vested interest in keeping peace, sometimes at the expense of relationships with the nobles HAD to be impartial in order to balance peace with the risk of rebellion Demands on the monarch became excessive

Question 26

What is CURIA REGIS?

Answer 26

The King’s Court included many trusted advisors Over time, the Curia Regis evolved into specialist bodies: AND had specialist customs: Dress codes COURTESY

Question 27

Why was curia regis needed?

Answer 27

Eventually, numerous cases were delegated, esp. when the King was away

Question 28

What were some advisors during fedualism spefically apointed as?

Answer 28

Some advisors appointed specifically as justiciar to hear disputes within the King’s Court in the name of the King

Question 29

What was the system of delegation for King's justice expanded to include inthe 12th century?

Answer 29

Justices of Eyre.

Question 30

Over time, Curia Regis evolved into speicialist bodies. They were:

Answer 30

King’s Bench Court of Exchequer Privy Council

Question 31

What special customs did curia regis have?

Answer 31

Dress codes and courtesy.

Question 32

What did procedural reforms of the courts include?

Answer 32

Standardising administration of the courts.

Question 33

What became central with the procedural reforms of the court?

Answer 33

Written documents.

Question 34

What were parties required to do with the procedural reform of the court?

Answer 34

Document their claims in written forms-origin of pleadings.

Question 35

With the procedural reform of the courts, what did the king use to order parties to appear for the courts?

Answer 35

Writs.

Question 36

What did pleadings include?

Answer 36

PLEADINGS included both the application for remedy, as well as the cause of action and the evidence relied on to satisfy the claim.

Question 37

Does drafting pleadings remain a fundamental part of law?

Answer 37

Yes.

Question 38

What were writs?

Answer 38

WRITS were the written commands of the King / Courts, directed to ordering specific outcomes of cases, or ordering specific parties to appear at the command of the King

Question 39

When was divine intervention used in the courts?

Answer 39

Early common law recognised a series of “trials” that could be used where the truth was in doubt

Question 40

What was the rationale behind divine intervention in early courts?

Answer 40

The Divine Will would manifest; the beneficent God would not punish an innocent

Question 41

Why was their a rebellion?

Answer 41

``` Heavy taxation to finance war Loss of Normandy Removal of common hunting rights in forests Demands of legal reforms King John was personally unpopular Money lending practices Royal hostage-taking ```

Question 42

What year did King John feel compelled to agree to demands and terms from his nobility?

Answer 42

1215

Question 43

How many chapters in Magna Carta?

Answer 43

63

Question 44

Was is the magna carta often regarded as?

Answer 44

Often regarded as the foundation document of Constitutionalism

Question 45

What were the points of English reformation of the law?

Answer 45

The separation of the Church of England from the Church of Rome Parliament given greater decision-making role Parliamentarians freed from political authority of the Roman Catholic Church

Question 46

What did the act of settlement 1701 do?

Answer 46

Gave judges security of tenure No longer served ‘at the king’s pleasure’ Removal only allowed when passed by both houses of Parliament