The document provides historical context on the development of common law and equity in England. It explains that different legal systems existed in different areas before the Norman Conquest in 1066. William the Conqueror established a centralized government and began standardizing laws. By 1250, a common law had been produced to rule the entire country. Dissatisfied with rigid common law, petitioners took cases to the King's Chancellor, establishing the Court of Chancery and principles of equity. Over time, equity developed its own precedents and maxims until the Judicature Acts of 1873-75 merged the administration of common law and equity in the court system.
Equity developed alongside the common law system to provide remedies in situations where the common law was inadequate or unfair. The Court of Chancery, overseen by the Lord Chancellor, would hear cases and provide equitable relief directed at the parties. Over time, equitable principles and remedies became established through precedent. Today in common law countries, equity has merged with the legal system but still provides judges with additional remedies beyond damages when needed, drawing from long-established equitable doctrines and maxims.
The document discusses several key aspects of common law:
1. Common law evolves over time through judicial precedents set in case law, allowing it to adapt to changing social needs and understanding. This contrasts with statutory law.
2. Higher courts can overrule precedents set by lower courts, and courts seek to balance continuity with allowing for legal growth.
3. As British colonies gained independence, most adopted the English common law precedent in place at the time as the foundation for their new legal systems.
The primary object of this assignment is to offer a systematic study of the Civil Law Legal System. An attempt has been made to examine what is civil law legal system, historical basics of civil law legal system, common types of legal system to the world, salient features of civil law legal system, differentiation from other major legal systems, modern Common and Civil Law Systems, countries following Civil or Common Law, a comparative study between Common Law and Civil Law Systems, Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh...
Introduction to the english legal systemNathan Loynes
The document provides an introduction to key concepts of the English legal system, including the separation of powers, parliamentary sovereignty, and the distinction between criminal and civil law. It explains that the UK has an uncodified constitution comprised of statutes, common law, and other sources. Parliament is sovereign and can make or repeal any law, but its power is constrained by constitutional conventions and laws cannot bind future parliaments. In criminal cases, guilt must be proven beyond reasonable doubt, while civil cases employ the balance of probabilities standard.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
This document discusses the definition of law according to five academics and classifies law into seven main categories. It defines law as a body of rules fixed and enforced by a sovereign authority according to John Austin, and as a system of rules according to Professor Hart. Law can also be seen as an embodiment of reason (Plato) or a tool of control (Marxist theory). The seven classifications of law covered are domestic, European, international, public, private, civil, and criminal law.
The document provides historical context on the development of common law and equity in England. It explains that different legal systems existed in different areas before the Norman Conquest in 1066. William the Conqueror established a centralized government and began standardizing laws. By 1250, a common law had been produced to rule the entire country. Dissatisfied with rigid common law, petitioners took cases to the King's Chancellor, establishing the Court of Chancery and principles of equity. Over time, equity developed its own precedents and maxims until the Judicature Acts of 1873-75 merged the administration of common law and equity in the court system.
Equity developed alongside the common law system to provide remedies in situations where the common law was inadequate or unfair. The Court of Chancery, overseen by the Lord Chancellor, would hear cases and provide equitable relief directed at the parties. Over time, equitable principles and remedies became established through precedent. Today in common law countries, equity has merged with the legal system but still provides judges with additional remedies beyond damages when needed, drawing from long-established equitable doctrines and maxims.
The document discusses several key aspects of common law:
1. Common law evolves over time through judicial precedents set in case law, allowing it to adapt to changing social needs and understanding. This contrasts with statutory law.
2. Higher courts can overrule precedents set by lower courts, and courts seek to balance continuity with allowing for legal growth.
3. As British colonies gained independence, most adopted the English common law precedent in place at the time as the foundation for their new legal systems.
The primary object of this assignment is to offer a systematic study of the Civil Law Legal System. An attempt has been made to examine what is civil law legal system, historical basics of civil law legal system, common types of legal system to the world, salient features of civil law legal system, differentiation from other major legal systems, modern Common and Civil Law Systems, countries following Civil or Common Law, a comparative study between Common Law and Civil Law Systems, Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh...
Introduction to the english legal systemNathan Loynes
The document provides an introduction to key concepts of the English legal system, including the separation of powers, parliamentary sovereignty, and the distinction between criminal and civil law. It explains that the UK has an uncodified constitution comprised of statutes, common law, and other sources. Parliament is sovereign and can make or repeal any law, but its power is constrained by constitutional conventions and laws cannot bind future parliaments. In criminal cases, guilt must be proven beyond reasonable doubt, while civil cases employ the balance of probabilities standard.
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
This document discusses the definition of law according to five academics and classifies law into seven main categories. It defines law as a body of rules fixed and enforced by a sovereign authority according to John Austin, and as a system of rules according to Professor Hart. Law can also be seen as an embodiment of reason (Plato) or a tool of control (Marxist theory). The seven classifications of law covered are domestic, European, international, public, private, civil, and criminal law.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
Common law originated in England and has spread to other countries like Australia. It is law developed by judges through precedents set in past cases, rather than law made by parliament. Judges must follow statutes but can interpret them and fill gaps using common law principles. Over time, as more cases were decided, a system of precedent developed where judges are bound by past decisions of higher courts. Equity later developed to provide remedies where common law was deficient, using moral principles of fairness. Both legal systems now coexist in Australia with precedent and equity considered together. The adversarial system used in common law involves opposing sides arguing their case before a neutral decision maker.
This document provides an introduction to the topic of jurisprudence. It defines jurisprudence as the study of fundamental legal principles and their philosophical, historical, and social basis. It discusses different definitions of jurisprudence provided by various legal scholars. It also outlines the scope and significance of jurisprudence, and explains how jurisprudence is related to other disciplines like sociology, psychology, ethics, economics, history, and politics.
Introduction to english jurisprudence (1)AQSA SHAHID
Jurisprudence is the study of fundamental legal principles and their relationship to other social sciences. It is derived from the Latin terms "juris" meaning law and "prudentia" meaning knowledge. Jurisprudence has three main branches: historical jurisprudence examines the origins and development of law; analytical jurisprudence analyzes basic legal concepts and principles; and ethical jurisprudence approaches law from an ethical perspective of how it should ideally be. Jurisprudence has practical applications such as providing terminology to legislators, filling gaps in laws, and helping legal professionals better understand statutes. It also relates to other fields like sociology, psychology, economics, and politics that influence and are influenced by legal systems.
Equity provides fair remedies when strict legal rules would result in an unfair outcome. It supplements but does not override common law. Equity developed in England when common law courts could not address all legal problems. A key figure was the Lord Chancellor who administered equity rulings. Major deficiencies of common law addressed by equity included incomplete remedies and procedures. Maxims of equity provide flexible principles rather than binding rules to guide equitable decisions. Key maxims include equity will provide a remedy when law cannot, equity follows law, and those seeking equity must do equity.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
The document summarizes developments in the administration of justice in Madras between 1686-1726. It notes that the Admiralty Court was established in 1683 to hear maritime and commercial cases. In 1687, a professional lawyer was appointed as chief judge to replace Governor and Council's judicial role. The Mayor's Court was also established in 1688 to dispense local justice. However, the judicial system had drawbacks like justice not being based on fixed legal rules and being slow and uncertain. The Act of Settlement in 1781 directed applying personal laws for Hindus and Muslims and English law for others.
Ratio decidendi, Obiter Dicta and Stare DecisisShruti Jhanwar
The ratio decidendi refers to the legal principle or rule of law that is the basis for a court's decision in a case. It is the precedent that is binding on lower courts in future similar cases, rather than the actual decision itself. An obiter dictum refers to remarks or opinions expressed by a judge that are incidental to the case but not directly part of the ratio. The doctrine of stare decisis means that courts must adhere to precedents and apply the same legal principles established in past cases with similar material facts, bringing certainty and uniformity to the legal system.
The document summarizes the administration of justice in Bombay from 1668 to 1726. It describes how the Portuguese acquired the island of Bombay in 1534 and transferred it to the British East India Company in 1668. The judicial system in Bombay developed in three stages during this period. The first stage from 1668-1683 established courts with 5 judges in each of the island's two divisions. The second stage from 1684-1690 created a King's Bench and Court of Common Pleas. The third stage from 1718-1726 saw a court reappear with a chief justice and nine other judges, five of whom were British.
Socialist law is the official name of the legal system used in Communist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology.
This document provides an introduction to international law. It defines international law as the set of rules that countries follow in dealing with each other. It notes there are three main categories: public international law regarding relations between sovereign states; private international law addressing jurisdiction in legal cases with international aspects; and supranational law involving collective laws agreed upon by states. The document outlines some key characteristics of international law, such as its decentralized nature in lawmaking and enforcement. It also discusses theories for why international law is considered binding on states and other actors. Finally, it briefly summarizes some functions and weaknesses of international law.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
This document discusses the nature, scope, and utility of jurisprudence. It defines jurisprudence as the scientific study of fundamental legal principles. Jurisprudence shapes the legal understanding of law students and helps them develop their own opinions about laws. It connects law to various aspects of society and improves legal interpretation. Studying jurisprudence provides lawyers with a broader perspective, reveals the true intentions of laws, and helps improve legal systems over time. It is an interdisciplinary field related to subjects like ethics, psychology, history, sociology, and economics.
Hart's concept of law distinguishes between primary and secondary rules. Primary rules impose obligations on behavior, while secondary rules establish ways to change, enforce, and adjudicate primary rules. For Hart, a legal system requires both types of rules. He criticizes Austin's view that laws are commands, arguing laws confer powers and privileges in addition to imposing duties. Hart also distinguishes rules from habits, and obligations from coercion. While providing insights, Hart's view has been criticized for underestimating the role of courts and overstating compliance due to internal obligations alone.
The Charter of 1726 established a uniform system of courts in the three presidencies of British India, designating them as Royal Courts and initiating a system of appeals from Indian courts to the Privy Council in England. It also established local legislatures in each presidency town and introduced English law, bridging English and Indian legal systems. The charter addressed the need for competent courts and a uniform administration of justice across presidencies in British India.
This document discusses the key legal issues companies face when doing international business. It explains that there is no single international commercial law, and companies must comply with the laws of each country they operate in. The major legal systems are outlined as common law, civil/code law, Islamic law, and Marxist-socialist law. Key differences between these systems are explained. The document also discusses international legal disputes, marketing laws in different countries, intellectual property rights, environmental regulations, antitrust laws, and unresolved cyberlaw issues.
This document summarizes key aspects of the historical foundations of the Australian legal system, which draws from English common law traditions. It discusses how the Anglo-Saxons introduced concepts like subjection to law and written documents like writs. The Norman conquest introduced feudal systems and the Doomsday book. Over time, the royal courts like the Curia Regis, Eyre courts, and courts of Common Pleas were established. Trial by jury emerged under Henry II. The Magna Carta in 1215 limited royal power. Ecclesiastical courts handled issues like marriage until the mid-1800s. Equity courts developed to provide remedies when common law was insufficient. Criminal and civil law were less distinct historically. The English civil war
Presentation on historical background of equity by waqas balouchWaqas A.K Balouch
This document provides a historical overview of the development of equity from its origins in Islamic law and early English common law. It discusses how equity emerged to supplement the common law system, beginning in the Court of Chancery. Key figures like Henry II, Lord Nottingham, Lord Hardwicke, and Lord Eldon helped systematize equity into an established body of law. The Judicature Acts of 1873 and 1875 merged the separate courts of law and equity into a single Supreme Court with unified jurisdiction over both legal and equitable claims.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
Common law originated in England and has spread to other countries like Australia. It is law developed by judges through precedents set in past cases, rather than law made by parliament. Judges must follow statutes but can interpret them and fill gaps using common law principles. Over time, as more cases were decided, a system of precedent developed where judges are bound by past decisions of higher courts. Equity later developed to provide remedies where common law was deficient, using moral principles of fairness. Both legal systems now coexist in Australia with precedent and equity considered together. The adversarial system used in common law involves opposing sides arguing their case before a neutral decision maker.
This document provides an introduction to the topic of jurisprudence. It defines jurisprudence as the study of fundamental legal principles and their philosophical, historical, and social basis. It discusses different definitions of jurisprudence provided by various legal scholars. It also outlines the scope and significance of jurisprudence, and explains how jurisprudence is related to other disciplines like sociology, psychology, ethics, economics, history, and politics.
Introduction to english jurisprudence (1)AQSA SHAHID
Jurisprudence is the study of fundamental legal principles and their relationship to other social sciences. It is derived from the Latin terms "juris" meaning law and "prudentia" meaning knowledge. Jurisprudence has three main branches: historical jurisprudence examines the origins and development of law; analytical jurisprudence analyzes basic legal concepts and principles; and ethical jurisprudence approaches law from an ethical perspective of how it should ideally be. Jurisprudence has practical applications such as providing terminology to legislators, filling gaps in laws, and helping legal professionals better understand statutes. It also relates to other fields like sociology, psychology, economics, and politics that influence and are influenced by legal systems.
Equity provides fair remedies when strict legal rules would result in an unfair outcome. It supplements but does not override common law. Equity developed in England when common law courts could not address all legal problems. A key figure was the Lord Chancellor who administered equity rulings. Major deficiencies of common law addressed by equity included incomplete remedies and procedures. Maxims of equity provide flexible principles rather than binding rules to guide equitable decisions. Key maxims include equity will provide a remedy when law cannot, equity follows law, and those seeking equity must do equity.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
The document summarizes developments in the administration of justice in Madras between 1686-1726. It notes that the Admiralty Court was established in 1683 to hear maritime and commercial cases. In 1687, a professional lawyer was appointed as chief judge to replace Governor and Council's judicial role. The Mayor's Court was also established in 1688 to dispense local justice. However, the judicial system had drawbacks like justice not being based on fixed legal rules and being slow and uncertain. The Act of Settlement in 1781 directed applying personal laws for Hindus and Muslims and English law for others.
Ratio decidendi, Obiter Dicta and Stare DecisisShruti Jhanwar
The ratio decidendi refers to the legal principle or rule of law that is the basis for a court's decision in a case. It is the precedent that is binding on lower courts in future similar cases, rather than the actual decision itself. An obiter dictum refers to remarks or opinions expressed by a judge that are incidental to the case but not directly part of the ratio. The doctrine of stare decisis means that courts must adhere to precedents and apply the same legal principles established in past cases with similar material facts, bringing certainty and uniformity to the legal system.
The document summarizes the administration of justice in Bombay from 1668 to 1726. It describes how the Portuguese acquired the island of Bombay in 1534 and transferred it to the British East India Company in 1668. The judicial system in Bombay developed in three stages during this period. The first stage from 1668-1683 established courts with 5 judges in each of the island's two divisions. The second stage from 1684-1690 created a King's Bench and Court of Common Pleas. The third stage from 1718-1726 saw a court reappear with a chief justice and nine other judges, five of whom were British.
Socialist law is the official name of the legal system used in Communist states. It is based on the civil law system, with major modifications and additions from Marxist-Leninist ideology.
This document provides an introduction to international law. It defines international law as the set of rules that countries follow in dealing with each other. It notes there are three main categories: public international law regarding relations between sovereign states; private international law addressing jurisdiction in legal cases with international aspects; and supranational law involving collective laws agreed upon by states. The document outlines some key characteristics of international law, such as its decentralized nature in lawmaking and enforcement. It also discusses theories for why international law is considered binding on states and other actors. Finally, it briefly summarizes some functions and weaknesses of international law.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
This document discusses the nature, scope, and utility of jurisprudence. It defines jurisprudence as the scientific study of fundamental legal principles. Jurisprudence shapes the legal understanding of law students and helps them develop their own opinions about laws. It connects law to various aspects of society and improves legal interpretation. Studying jurisprudence provides lawyers with a broader perspective, reveals the true intentions of laws, and helps improve legal systems over time. It is an interdisciplinary field related to subjects like ethics, psychology, history, sociology, and economics.
Hart's concept of law distinguishes between primary and secondary rules. Primary rules impose obligations on behavior, while secondary rules establish ways to change, enforce, and adjudicate primary rules. For Hart, a legal system requires both types of rules. He criticizes Austin's view that laws are commands, arguing laws confer powers and privileges in addition to imposing duties. Hart also distinguishes rules from habits, and obligations from coercion. While providing insights, Hart's view has been criticized for underestimating the role of courts and overstating compliance due to internal obligations alone.
The Charter of 1726 established a uniform system of courts in the three presidencies of British India, designating them as Royal Courts and initiating a system of appeals from Indian courts to the Privy Council in England. It also established local legislatures in each presidency town and introduced English law, bridging English and Indian legal systems. The charter addressed the need for competent courts and a uniform administration of justice across presidencies in British India.
This document discusses the key legal issues companies face when doing international business. It explains that there is no single international commercial law, and companies must comply with the laws of each country they operate in. The major legal systems are outlined as common law, civil/code law, Islamic law, and Marxist-socialist law. Key differences between these systems are explained. The document also discusses international legal disputes, marketing laws in different countries, intellectual property rights, environmental regulations, antitrust laws, and unresolved cyberlaw issues.
This document summarizes key aspects of the historical foundations of the Australian legal system, which draws from English common law traditions. It discusses how the Anglo-Saxons introduced concepts like subjection to law and written documents like writs. The Norman conquest introduced feudal systems and the Doomsday book. Over time, the royal courts like the Curia Regis, Eyre courts, and courts of Common Pleas were established. Trial by jury emerged under Henry II. The Magna Carta in 1215 limited royal power. Ecclesiastical courts handled issues like marriage until the mid-1800s. Equity courts developed to provide remedies when common law was insufficient. Criminal and civil law were less distinct historically. The English civil war
Presentation on historical background of equity by waqas balouchWaqas A.K Balouch
This document provides a historical overview of the development of equity from its origins in Islamic law and early English common law. It discusses how equity emerged to supplement the common law system, beginning in the Court of Chancery. Key figures like Henry II, Lord Nottingham, Lord Hardwicke, and Lord Eldon helped systematize equity into an established body of law. The Judicature Acts of 1873 and 1875 merged the separate courts of law and equity into a single Supreme Court with unified jurisdiction over both legal and equitable claims.
This document provides an overview of the key differences between civil law and common law legal systems. It discusses the origins and development of both systems. Specifically, it notes that civil law originated from Roman law and codes established by legislatures, while common law developed from customs and judicial precedents established in English royal courts. The roles of judges also differ, with civil law judges applying written codes and common law judges respecting the principle of stare decisis to follow precedents set in prior similar cases.
A Brief History Of Law Books & Law Librariestdhamblin
This document provides a brief history of law books and law libraries and their impact on Western civilization. It discusses some of the earliest legal texts from ancient Mesopotamia including the Code of Ur-Nammu and the Code of Hammurabi. It then covers the development of law libraries and legal education at various universities in Europe and the spread of Roman and common law traditions. The document concludes by noting the transition to electronic legal research through services like LexisNexis and Westlaw and the increasing role of the internet and web resources.
from 48 percent to 50 percent; the ability of the police to ad.docxshericehewat
from 48 percent to 50 percent; the ability of the police to address local concerns increased
from 56 percent to 58 percent; and the overall confidence in the local police was up from
69 percent to 72 percent. Finally, 38 percent of the victims of crime in the previous year,
who had contact with the police, were very satisfied with how the police handled the
incident, 32 percent were fairly satisfied, and 30 percent were unsatisfied.
JUDICIARY
Scholars of English legal and constitutional history are generally in agreement that King
Henry II (1133–1189) was the principal facilitator in the development of English common
law and the judicial machinery used to administer it. When Henry became king in 1154,
he wanted to strengthen both his political and economic positions. To assist in achieving
these ends, he synthesized both old and new ideas with regard to centralizing the
administration of justice.
Prior to Henry’s reign, the administration of justice was essentially carried out at the
grassroots level. While there were a number of local courts with varying degrees of
jurisdiction, the shire or county courts were the most significant before the Norman
invasion of 1066. The principal officers of the shire courts were wealthy landowners, the
bishop, and the reeve of the shire (who later would be referred to as the sheriff). Social
rank, rather than knowledge of law, was the criterion used to determine who judged
cases.
Feudalism was firmly established after the Norman invasion. As noted earlier, feudalism
provided social and economic security for people who worked the land for a lord of the
manor. One of the responsibilities of a lord was to administer justice; this was carried out
in the manor court. Lords of the manor were a powerful political force for the king to
consider. It was from this group that Henry II enhanced his political power by wrestling
from them the authority to administer justice. He accomplished this by utilizing several
different strategies.
First, some people had become dissatisfied with the administration of justice at the
manorial level. They wanted the king, who in theory was the source of justice, to decide
their cases. Kings of England had for years relied upon their Curia Regis, or Great Council,
for advice. The Curia Regis counseled the king on domestic, foreign, and military affairs,
and served as a court to settle disputes among powerful lords of the kingdom. It was from
the Curia Regis that Henry created and permanently established three courts at the city of
Westminster. The Court of Exchequer decided questions between the Crown and the
taxpayer. The Court of Common Pleas had original jurisdiction in both civil and criminal
cases between subjects of the king. The Court of King’s Bench had original jurisdiction in
cases between the lords of the realm, as well as appellate jurisdiction for certain cases from
Common Pleas and other local courts.
Second, if subjects could not come to the courts that permanently ...
what is Common law? what is civil law? what are differentiate between common law and civil law ? advantage and disadvantage of common law and civil law,short history both of them.
So, Lastly it can be said that there is a short discussion on civil law and criminal law . You may get help from this slide
Common law originated in England and is now used in countries like Australia, Canada, New Zealand, and the United States. It is based on legal principles developed from past rulings by judges rather than laws made by parliament. Judges must follow statute laws but can interpret them and fill in gaps using common law principles. In Australia, common law developed further after British colonization, with judges traveling circuits to maintain consistent rulings. Equity later developed to remedy unfairness in common law and was administered by the Court of Chancery using moral principles. By the late 1800s, common law and equity were combined in the court system.
Emergence of Law as an Academic DisciplinePreeti Sikder
Lesson Objective: After completion of this class, students will be able to:
- understand the historical background of studying law as an academic subject
- distinguish between civil law approach to studying law and common law perspectives in practicing law
- get the background information for learning the next chapter of textbook
28. A Brief Introduction to Roman Law (Inglés) (Artículo) autor Dr. Eamonn G....Carmen154694
Roman law developed over 1000 years, with a high point being Justinian's Corpus Juris Civilis in the 6th century AD. This codified Roman law and shaped the legal systems of continental Europe. While England retained its common law, Roman law still had some influence. The sources of Roman law included statutes, emperor's pronouncements, edicts, and jurists' interpretations. Roman law distinguished between natural law, civil law governing citizens, and law of nations for commerce. Justinian's law codes emphasized structured private law and obligations from contracts. Roman law left a lasting legacy through its influence on civil law systems and concepts of natural rights and international law.
This document provides a history of law and law enforcement from ancient times to modern police departments. It discusses how tribes and clans in ancient times were governed by chieftains who had executive, legislative, and judicial powers. Early justice systems focused on punishment rather than rehabilitation. The first formal legal codes emerged around 2000 BC in places like Sumer and Babylon. The Code of Hammurabi established standardized legal principles and punishments. Early English societies had local systems of law enforcement organized by hundreds and parishes. The Norman conquest established separate church and secular courts. Over time, a common law system developed across England. The Metropolitan Police was founded in London in 1829 as the first modern police force. Early American policing was localized and corrupt
This document provides a history of law and law enforcement from ancient times to the modern era. It describes how in early tribal societies, chieftains held executive, legislative, and judicial powers to handle crimes. Early legal codes established standards of conduct and punishments. The Code of Hammurabi established one of the first formal legal systems and principles of lex talionis. The Roman Empire established some of the first formal police forces. In medieval England, crimes were viewed as personal wrongs handled locally until the Norman conquest established royal courts. The development of local policing systems like tithings, hundreds, and frankpledge led to the creation of early police roles like constables. The Metropolitan Police in London in 1829 was one
The document provides historical context on the development of common law and equity in England. It explains that different legal systems existed in different areas before the Norman Conquest, and William the Conqueror began standardizing English law. By the 13th century, a common law had developed across the country. Dissatisfied with rigid common law, petitioners took cases to the Chancellor, establishing the Court of Chancery and principles of equity. Over time, equity developed its own precedents and maxims until the Judicature Acts merged the administration of common law and equity in the late 19th century.
This document provides a brief overview of some major developments in legal history from ancient Mesopotamian codes in 2350 BCE to amendments to the US Constitution in the 20th century. It summarizes key laws and documents such as Hammurabi's Code, the Ten Commandments, Justinian's Code, the US Constitution and Bill of Rights, and amendments regarding slavery, women's suffrage, and voting rights. These milestones helped shape legal and political systems around the world over millennia.
This document provides a brief overview of some major developments in the evolution of legal systems from ancient Mesopotamia to modern times. It outlines early legal codes like Hammurabi's Code from 1700 BCE, the Ten Commandments from 1300 BCE, and Draco's law from 621 BCE. It then discusses the development of legal systems in China, Rome, England, and the United States, including things like Justinian's Code, the Magna Carta, the US Constitution and Bill of Rights. The document traces the influence of Enlightenment thinkers on concepts of natural law and rights and highlights some landmark legal cases and amendments.
The document provides an overview of equity and common law in England. It discusses:
- What equity means in a legal context, how it developed as a separate system from common law to mitigate rigidity and achieve fairness.
- The origins and development of common law from Norman invasion and creation of King's Bench courts.
- How the Court of Chancery was created to hear petitions for extraordinary justice from the Lord Chancellor, developing equity jurisdiction.
- The Judicature Acts of 1873-1875 which amalgamated common law and equity courts into a single Supreme Court, debated whether this fused the rules or just administration.
- Scholarly perspectives on whether the rules of equity and common law remain distinct or were fully
Learning Outcome: After completing this class students will
a) be able to fathom the points of discussion in an undergrad law of contract class
b) learn about the importance of studying case laws for the purpose of learning contract law
Equity originated as a mitigation to the harshness and rigidity of common law. It was originally administered by the King's Council to provide remedies based on justice and fairness. Over time, as legal strife increased, equity developed further through the Court of Chancery, where the Lord Chancellor would make rulings based on his conscience on behalf of the King. Key contributions of equity include new rights, remedies, and procedural devices that supplemented and complemented the common law.
1) Common law systems are based on judicial precedent where court decisions establish law, rather than statutes alone.
2) The common law tradition emerged in England and was applied in British colonies, establishing judicial decisions as the basis.
3) Common law is generally uncodified, relying on scattered statutes and precedent from past judicial decisions.
The 21st century has proven to be as economically tumultuous as the two preceding centuries. Between a pandemic, wars, technological developments, progress in civil rights, and breakthroughs in science and medicine, the old order has been swept away, sometimes giving way to freer forms of governing and sometimes not. This period has seen multiple financial crises striking nations, regions, and—in the case of the Great Recession—the entire global economy. All financial crises share certain characteristics, but each tells its own unique story with its own unique lessons for the future. Due to these lessons we were able to experience a smoothened run of economy during the covid-19 syndemic that halted the logistics industry at once and created bottle-necks, hurdles and even complete shut-downs in other sectors while creating a need of overtime for front-line workers who are fighting against the virus on the forefront.
Cpec will galvanize industrailization and employment in pakistanAyesha Majid
China-Pakistan Economic Corridor is a framework of regional
connectivity. Through CPEC China aims to connect its eastern side through
Kashgar to the warm waters of Arabian Sea through Pakistan as it will be
shorter and safer for china to transport goods via this route than through the
china sea to the Arabian Peninsula and surrounding areas. CPEC will not only
benefit China and Pakistan but will have positive impact on Iran, Afghanistan,
India, Central Asian Republics, and the region. Through the enhancement of
geographical linkages having improved road, rail and air transportation system
with frequent and free exchanges of growth and people to people contact,
enhancing understanding through academic, cultural and regional knowledge
and culture, activity of higher volume of flow of trade and businesses, producing
and moving energy to have more optimal businesses and enhancement of cooperation by the win-win model will result in well connected, integrated region
of shared destiny, harmony and development.
Infrastructural issues being addressed in the energy sector of pakistanAyesha Majid
Pakistan is facing key challenges and issues in
the development of social sector mainly in
education, health, energy, security and the
environment due to lack of policy framework,
lack of governance, lack of technological
advancement, unstable strategies, lack of
leadership, poor project management, lack of
innovation and inefficient utilization of
resources. Pakistan’s world ranking as per GCI
is as follows infrastructure (121st)—particularly
for electricity (135th)—remains in a dire state.
Moreover, the country displays some of the
lowest education enrolment rates in the world
and basic education is poor (137th).
An overview of Mercantile Law in PakistanAyesha Majid
This overview of business laws of Pakistan is a very brief description of common forms of businesses adopted by private and public sector investors in Pakistan. An attempt has also been made to outline general requirements and regulatory regimes for each of these forms of businesses in Pakistan.
Microfinance service in pakistan over the decadeAyesha Majid
Pakistan has made considerable developments in Microfinance though a late starter in this
industry. The sector formally started to develop from 1999 although; semiformal sectors since the 1980s
are providing micro-credit in Pakistan. Including Non-Government Organizations (NGOs) and Rural
Support Programs (RSPs). Subsidies have played an important role in the growth and promotion of the
microfinance sector’s growth phase. Now the sector is in its maturity phase. MFBs funding structure
suggests lack of own-resource base through deposits mobilization. For long-term sustainability, Financial
Self Sufficiency is vitally important for microfinance institutions.
Presentation: Philip Morris (Pakistan) Limited: Business Strategy Ayesha Majid
Phillip Morris international is one of the leading cigarette manufacturing companies in the world
with the current share price of $73.78 (Philip Morris International). The organization is known
for the making of cigarettes, other tobacco products and nicotine-containing products in
countries outside of the United States. Its portfolio comprises of both global and local brands.
Philip Morris (Pakistan) Limited (“PMPKL”), is a public limited company and is listed on the
Pakistan Stock Exchange. PMPKL is affiliated with Philip Morris International (“PMI”), which
is listed on the New York Stock Exchange and has operational Headquarters in Lausanne and
Corporate Headquarters in New York. The company is one of the largest manufacturers of
cigarettes in Pakistan and contributes in many charitable projects where they source and
manufacture their tobacco. Some of these projects are provision of economic opportunities,
women empowerment and making education available. It currently has 739 employees in 15
offices with 1 cigarette factory and 1 tobacco leaf plant in Pakistan (PMI - Pakistan). Philip Morris Pakistan follows the business model of Profit Pyramid Model.
Philip Morris (Pakistan) Limited: Business Strategy Ayesha Majid
Phillip Morris international is one of the leading cigarette manufacturing companies in the world
with the current share price of $73.78 (Philip Morris International). The organization is known
for the making of cigarettes, other tobacco products and nicotine-containing products in
countries outside of the United States. Its portfolio comprises of both global and local brands.
Philip Morris (Pakistan) Limited (“PMPKL”), is a public limited company and is listed on the
Pakistan Stock Exchange. PMPKL is affiliated with Philip Morris International (“PMI”), which
is listed on the New York Stock Exchange and has operational Headquarters in Lausanne and
Corporate Headquarters in New York. The company is one of the largest manufacturers of
cigarettes in Pakistan and contributes in many charitable projects where they source and
manufacture their tobacco. Some of these projects are provision of economic opportunities,
women empowerment and making education available. It currently has 739 employees in 15
offices with 1 cigarette factory and 1 tobacco leaf plant in Pakistan (PMI - Pakistan). Philip Morris Pakistan follows the business model of Profit Pyramid Model.
Philip Morris Pakistan (PMPKL) is a subsidiary of Philip Morris International that manufactures and sells tobacco products in Pakistan. It has two factories and distributes products through a network of warehouses, distributors, and over 256,000 retailers. PMPKL uses a push strategy to sell all produced cigarettes and focuses on existing smokers rather than acquiring new customers. It aims to meet retailer demand through a sales force structure that moves products from the factory to distributors to retailers on a daily basis. PMPKL also works to optimize its supply chain costs and distribution incentives to motivate partners while ensuring product availability.
Apple INC.: Managing a Global Supply ChainAyesha Majid
As part of her analysis of Apple’s stock, she wanted to look at the company’s supply chain to see if she could gain some insight into the pros and cons of Apple as a key holding in BXE’s fund. When. Apple Computer was founded on April 1, 1976, by Steve Jobs, Steve Wozniak and Mike Markkula to manufacture and distribute desktop computers.
While claiming to learn from the Chinese way of handling the crisis, there is no on-ground action in Pakistan that supports the claim. The Prime Minister denies national lock down despite the fact that without proper lock-down the virus spread trajectory can be rapid resulting in collapse of national health facilities which can bring the national economy to a halt.
Pakistan is an important maritime state in the Indian Ocean blessed with approximately 1,050 km long coastline and the Exclusive Economic Zone covering about 240,000 sq. The vast coastline of Pakistan naturally offers the option of deep sea water ports which means a much bigger volume of ship could be stationed along the coastline.
Factors Affecting Consumer Purchase Intention When Buying Toyota Corolla in P...Ayesha Majid
The economy of Pakistan and the consistent increase in dollar rates has taken a huge toll on the sales of the multinational manufacturer. Focus group analysis show that majority of the people preferred Honda over Toyota due to several reasons including near to none change in the designs of Toyota Corolla’s variants. Another factor was that Toyota was seen more as a car for the rural areas which was best suited for a rugged terrain. Although the general perception is that Toyota has better car suspension and fuel efficiency, people would still prefer Honda and other Japanese cars. Respondents said that advertisements played a crucial role but they do not compel the customer to buy a product like a car, there are other factors that are taken under consideration. Pakwheels and olx were the first two online platforms that they mentioned when asked about their go to online source. Family and friends advice played a major role in deciding which car to buy. According to the research conducted by our group through questionnaire, a regression was done and seen that the general perception that a reduction in prices will increase sales was not true because people usually associate low prices with low quality products. According to the regression, only advertisement and product have a significant result. All the variables are positively correlated with each other and less than one and positive indicating a formative relationship to the dependent variable. Branding has an insignificant positive relationship with purchase intention because consumers are only considering three competitors; Honda, Suzuki and Japanese cars.
Factors Affecting Consumer's Purchase Intention When Buying Toyota Corolla in...Ayesha Majid
Toyota is a name almost everyone is familiar with. It has been the market leader in automobiles specially hybrid and electric automobiles. It has been operational in Pakistan since 1989.
Toyota is a one of a kind Japanese multinational automotive manufacturer. As of September 2018, it was the sixth largest company in the world in terms of revenue. The economic conditions however have not been very favorable for the automotive industry. The economy of Pakistan and the consistent increase in dollar rates has taken a huge toll on the
sales of the multinational manufacturer. Focus group analysis show that majority of the people preferred Honda over Toyota due to several reasons including near to none change in the designs of Toyota Corolla’s variants.
Another factor was that Toyota was seen more as a car for the rural areas which was best suited for a rugged terrain. Although the general perception is that Toyota has better car suspension
and fuel efficiency, people would still prefer Honda and other Japanese cars. Respondents said that advertisements played a crucial role but they do not compel the customer to buy a product like a car, there are other factors that are taken under consideration. Pakwheels and olx were the first two online platforms that they mentioned when asked about their go to online source. Family and friends advice played a major role in deciding which car to buy. According to the research conducted by our group through questionnaire, a regression was done
and seen that the general perception that a reduction in prices will increase sales was not true because people usually associate low prices with low quality products. According to the regression, only advertisement and product have a significant result. All the variables are positively correlated with each other and less than one and positive indicating a formative relationship to the dependent variable. Branding has an insignificant positive relationship with purchase intention because consumers are only considering three competitors; Honda, Suzuki and Japanese cars.
This document discusses K3 Agro Solutions' corn silage product. It describes the manufacturing process which involves harvesting corn from fields, cutting and compressing it into a final packaged product. It provides details on packaging, pricing, sales terms, competitors and customers. The document appears to be a sales presentation for K3 Agro Solutions' corn silage product.
Netflix was founded in 1997 by Reed Hastings and Marc Randolph. It initially started as a DVD rental service called Kibble and was launched in 1998. In 2007, Netflix introduced streaming services and is now available in over 190 countries with over 148 million paid subscribers. Netflix competes in the online streaming market against competitors like HBO, Amazon Prime, Disney+, and Hulu. It has experienced exponential growth and relies on original content and a global customer base as strengths, but also faces challenges like increasing costs and competitive pressures.
The British Rule's lasting sway on lives of PakistanisAyesha Majid
The British rule still has a sway on us and we still unconsciously see them as our masters/ or a better race than us in terms of looks, language, traditions clothing style and hobbies. Though the Britishers only enforced their norms through law and schooling but its impact was long-lasting and deep-rooted amongst the young natives.the current architectural format of Pakistani buildings is inspired from British architecture as opposed to local designs and aesthetics specially regarding room aeration and lightening. Many of the botanical flowers and ferns that we see in Pakistan were introduced by Britishers which were than made part of the gardening aesthetics by the then influential Pakistanis to show-off their civilised family background.
Reko-Diq and Saindaq Reserves Similarities and DifferencesAyesha Majid
The Reko-Diq and Saindak mines are both located in Baluchistan, Pakistan and contain significant copper and gold reserves. Reko-Diq has estimated reserves of 5.9 billion tons of ore grading 0.41% copper and 41.5 million ounces of gold. Saindak had estimated reserves of 412 million tons averaging 0.5 grams of gold and 1.5 grams of silver per ton. While Saindak has been mined by MCC since 2002, development of Reko-Diq was halted in 2011 when the Baluchistan government denied Tethyan Copper Company a mining license, leading to a $5.8 billion international arbitration award against Pakistan in 2019.
The document discusses cyber crimes and related laws in Pakistan. It provides definitions of cyber crimes and examples. It summarizes the Electronic Transactions Ordinance of 2002, which recognized electronic records and transactions. It also discusses the Electronic/Cyber Crime Bill of 2007 and Prevention of Electronic Crimes Act of 2016, which defined additional cyber crimes and penalties. Key sections from these laws are outlined dealing with issues like data damage, electronic fraud, and cyber terrorism.
The Basel III regulations are devised to mitigate damage to the economy caused by banks that take on excess risk. This third instalment of the Basel Accords was developed in response to the deficiencies in financial regulation revealed by the financial crisis of 2007–08. It is aimed at improving the banking sector's ability to deal with financial stress, improve risk management, and strengthen the banks' transparency. It is part of the continuous effort to enhance the banking regulatory framework and builds on the Basel I and Basel II documents.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Presentation (1).pptx Human rights of LGBTQ people in India, constitutional a...
Evolution of common law
1. Lahore School of Economics
THE DEVELOPMENT OF THE:
ENGLISH LEGAL SYSTEM
A historical perspective
2. Introduction
Law is the system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the imposition of
penalties.
Common law is world’s oldest practicing law at the moment. It emerged in 1066 AD
and is still evolving as per the needs of time. Many legal systems were developed
because of it and yet many emerged from it. Originally consisted of substantive rights
and not procedural remedies which later arose in the system.
The oldest view of jurisprudence dates back to Aristotle. Jefferson’s Declaration
assumes “the Laws of Nature.” View of Jurisprudence holds that “law is not simply a
result of the written law, but a product of the views of judicial decision makers, as well
as social, economic, and contextual influences.” The Common Law was based largely
on traditions, social customs, rules, and cases developed over hundreds of years.
The name is derived from the medieval theory that the law administered by the king's
courts represented the common custom of the realm, as opposed to the custom of
local jurisdiction that was applied in local or manorial courts. The term "common law"
is also used to mean the traditional, precedent-based element in the law of any
common-law jurisdiction, as opposed to its statutory law or legislation.
In its early development common law was largely a product of three English courts—
King's Bench, Exchequer, and the Court of Common Pleas— which competed
successfully against other courts for jurisdiction and developed a distinctive body of
doctrine.
A standing expository intricacy is that, whereas the United Kingdom is a unitary state
in international law, it comprises of three major and other minor legal systems,
primarily those of “England and Wales”, “Scotland”, and “Northern Ireland”.
Historically, the common-law system in England (applied to Wales since 1536) has
directly influenced Irish Legal system but only partially influenced the distinct legal
system in Scotland.
3. Common law’s precede
The Normans spoke French and had developed a customary law in Normandy. The
local followed Roman law, Canon law and primarily Anglo-Saxon law.
The Anglo-Saxons, especially after the accession of Alfred the Great (871), developed
a body of rules resembling those being used by the Germanic peoples of northern
Europe. Local customs governed most matters, while the church played a large part in
government. Crimes were treated as wrongs for which compensation was made to the
victim. Anglo-Saxon law was active in England from 597AD-1066AD i.e. till Norman
Conquest.
Anglo-Saxon initial influence was in the form of Christianity, the practitioners of which
brought with them the art of letters, writing, and literacy. It is significant that it was
shortly after the arrival of the first evangelical mission in England - led by Augustine,
and sent by Pope Gregory I. it is commonly known as Gregorian Mission of 595 AD
The first Anglo-Saxon law code appeared, issued by Ethelbert, King of Kent. The first
six pronouncements of this code deal solely with sanctions against molesting the
property of the Christian church and its officers, notably demanding twelvefold
compensation for stealing from God's house. In contrast, compensation for stealing
from the king is set at only nine fold.
Under Anglo-Saxons the country was divided in small kingdoms, each’s law written as
codes made by their respective knight, baron or local king usually inspired by Roman
law. There were hundreds of courts operating below the shire court. The Shire Court
was primarily responsible for the administration of the kingdom.
The Norman Conquest did not bring an immediate end to Anglo-Saxon law, but a
period of colonial rule by the mainly Norman conquerors produced change.
Controversy exists regarding the extent to which the efficient government of the Anglo-
Norman realm was due to the legacy of Anglo- Saxon institutions or to the
ruthlessness of the Norman invaders. Elements of the Anglo-Saxon system that
survived were the jury, ordeals (trials by physical test or combat), the practice of
outlawry (putting a person beyond the protection of the law), and writs (orders
requiring a person to appear before a court).
4. Under Norman Rule
In 1066 AD England was conquered by the Normans under their “Viking King William;
The Conqueror”. The Norman king realized that for strong hold there must be a strong
legal system to govern England.
Before that England was under rule of Anglo-Saxons and each county head had his
own law in his county. Thus to strengthen his rule he developed his own court called
“Curia Regis” Latin for King’s Court. Set up in Westminster near London.
Important rectifications were made by King Henry II (1154-89). Royal Officials roamed
the country, inquiring about the Administration of Justice. Church and state were
separated and later developed their own law and legal systems. Later it was realized
that one court was not enough for the whole of England. Thus England was divided
into several regions called Circuits. In each circuit a judge was appointed. These
judges used to tour from one circuit to another per annum. This was done under “The
Assize of Claredon”1166 AD by King Henry II.
The judges used to decide case on two bases “common sense” and “custom”. As far
general customs were concerned there was a problem on deciding a case upon them
since they were accepted in all over England But local customs caused did cause a
problem. Hence to decide that whether or not to base a decision on local customs
“four tests” were formed; which needed to be fulfilled in order for the court to favour the
custom. They were…
1. The custom must have been practiced since time immemorial
2. The custom must be definite as to time, nature, locality and scoop
3. The custom must be reasonable
4. The custom must have been practiced openly and as of right
The judges used to meet annually in “Westminster Abbey” in London, formally titled
the Collegiate Church of St. Peter. They used to discuss the cases they had solved in
the whole year and set the standards for common law. Judgements were discussed
and standardized, to be followed in all related future cases under the concept of “stare
decisis et non quieta movere” which when loosely translated from Latin means “stand
by what has been decided and do not unsettle the settled”. The selected judgements
to be followed were recorded in a book, known as the Book of Writs.
5. This concept has now evolved into the doctrine of stare decisis. Thus the foundations
of present theory of Judicial Precedent were laid down.
The right to a jury was enshrined in the Magna Carta of 1215. Yet, juries were used
locally well before then. Juries continued to be constituted by “peers” Juries were
asked to judge behaviour based on local custom.
Extraordinary influence in the development of common law and in its dissemination to
other parts of the world was the most famous of English jurists, Sir William Blackstone.
He was born in 1723, entered the bar in 1746, and in 1758 became the first person to
lecture on English law at an English university.
Unfortunately after some time the courts of common law started to get stuck in some
issues. The main ones among these are writs, technicality, and damages.
The court did not entertain any case which did not fit in any of the existing writs after
the books of writs was finalised in 15th century. Many new cases could not get a
hearing because they were unable to be fitted in a category. The proceedings of the
court were done in Latin.
Another cause of dissatisfaction was technicality due to which any winning party would
lose because of negligible technical error in their presentation to the judge and lose
their rightful benefit. The last was damages. This was the only remedy given by
common law courts and in many cases were insufficient. The claimants of these civil
courts wanted something more than a mere monetary compensation named damages.
Disappointed litigants consequently turned to the king and the Privy Council with
petitions for justice. These were referred to the Lord Chancellor who by the end of15th
century had begun to build up a series of equitable remedies, together with policies
governing their operation.
Evolution of equity law
In the exercise of his equitable jurisdiction, the chancellor initially was not bound by
precedent. He exercised with minimum procedural formality. The chancery was
relatively cheap, efficient and just. It though posed a threat to 300 year old common
law since its (equity law’s) birth. The Lord Chancellor was a bishop as well as king’s
6. advisor. Later the chancellor’s court was termed as “court of equity” formerly
“Chancery court” because it worked on the bases of equity i.e. natural justice.
Equity developed new remedies to counter the problem of damages. These were
1. Specific performance: the contract is enforced by court
2. Rectification: the court could alter the contract if both the parties agreed
3. Recession: a contract could be dissolved and the parties could go back to their
former position
4. Injunction: court order to do or not to perform in a prescribed manner
a. Mandatory injunction: an order to do something i.e. fulfil a right
b. Prohibitory injunction: an order to refrain or abstain from something or
act
c. Interlocutory injunction: an order to maintain status quo until the case is
decided.
d. Perpetual injunction: permanent and continued enactment of obligation
under court order
The maxims of equity were also established. They were the basis on which equity
worked. The first maxim was “equity will not suffer a wrong without a remedy” this
allowed various equitable remedies to be made. Secondly, “delay defeats equity”, for
example in “Leaf V International Galleries” the court did not award the remedy of
recession since the plaintiff came to the court after a delay of five years. Thirdly, “he
who comes to equity must come with clean hands” for example in “D&C Builders V
Rees” the court ruled in favour of D&C Builders instead of granting Promissory
estoppel as the Rees had taken unfair advantage of their opponents financial crisis
and given them a less balance then due as full and final payment. Fourthly, “equity
works in “Person-am”. Fifthly, “equity aids the vigilant”. Lastly, “Equity looks at
intention and not form” like in Berry V Berry the court accepted their intent and
considered their agreement of altering their deed by a contract though formalities don’t
allow it.
7. Conflict between common law and equity
However common law and equity continued to have conflicts until their working were
merged by the king in “Earl of Oxfords case”. The main conflict was that common law
supported one party and equity court ruled in favour of the other party on appeal.
Because of this equity was given superiority by the king over decisions of common law
curt before they were merged. Thus equity was given appellate status by the monarch.
One of the earliest functions of the king's chaplain (the chancellor) and of the chancery
(the office that he headed) was to govern access to the royal courts by issuing on
application the appropriate original writ. At first the chancellor had great discretion in
framing writs, but in time he was limited to a few rigidly circumscribed forms, and in
certain cases worthy claims could not be satisfied. From this inadequacy arose the
practice of appealing directly for aid to the chancellor as the "keeper of the king's
conscience." By the early 16th cent. A fairly well-defined jurisdiction was exercised by
the court of chancery in rivalry with the common law. In the 17th century it was
definitely established that the court of chancery would decide any claim to jurisdiction
that the courts of common law disputed. The early chancellors purported to dispense
equity in its original sense of fair dealing, and they cut through the technicalities of
common law to give just treatment. Some of their principles were derived from Roman
law and from canon law. Soon, however, equity amassed its own body of precedents
and tended to rigidity. Both the forms of law were merged formally in one law by the
Judicature Act 1873.
Now a single court works under the merged structure containing elements from both
common law and equity. Thus in a suit of civil court the claimant can be given
damages as of right along with a discretionary equitable remedy.
Many equitable credos are still practiced today including injunctions, promissory
estoppel, jury, etc. In promissory estoppel a party gives up their strict legal right in a
contract and they cannot go back to the former promise to enforce their right. “Law of
Trust” also has its origins to equity which allows us to set up funds for a particular
person or set of personals. Other credos have led to the origin of “Statue of
Limitations”, it sets up time limits for different kinds of cases and lastly, mortgages,
which allows one to take a loan of money for legally right purpose stated.
8. Equity, even in its more limited modern sense, is still distinguished by its original and
animating principle that no wrong should be without an adequate remedy
Common law and equity today
Even today new remedies are developed under equity like “Freezing Order” formerly
known as “Mareva Injunction” and “Search Order” formerly known as “Anton Piller
Order”. Therefore equity is still relevant today and is still playing an active role today
especially in Statue/Law making. The concept of original precedent, binding precedent
and persuasive precedent show how well equity and common law have merged to
form the present day English Legal System.
Common law elsewhere in the world
Common law is followed as a preceding legal system by many countries especially
former British Commonwealth Nations of the colonial era. Like New Zealand, Pakistan,
India, Bangladesh, Malaysia and Niagara. All Canada except Quebec and all of the
United States except Louisiana follow common law. U.S. state statutes usually provide
that the common law, equity, and statutes in effect in England in 1603, the first year of
the reign of James I, shall be deemed part of the law of the jurisdiction in America.
Later decisions of English courts have only persuasive authority in American courts.
The main alternative to the common law system is the civil law system, which is used
in Continental Europe, and most of the rest of the world. The contrast between civil law
and common law legal systems has become increasingly blurred, with the growing
importance of jurisprudence. The main civil law systems in the world are “French Civil
Law”, “German Civil Law”, “Scandinavian Civil Law”, “Italian Civil Law” “Swiss Civil
Law” and “Chinese Civil Law”. The civil code of the Republic of Turkey is a slightly
modified version of the Swiss Civil code, adopted in 1926 during Mustafa Kemal
Atatürk's presidency as part of the government's progressive reforms and
secularization.
The next alternative is Religious law, in which primarily “Shariah Law”. Religious law
refers to the notion of a religious system or document being used as a legal source,
though the methodology used varies. For example, the use of Jewish code of conduct
and Halakha for public law has a static and unalterable quality, precluding amendment
9. through legislative acts of government or development through judicial precedent.
Christian Canon law is more similar to civil law in its use of codes; and Islamic Shariah
law (and Fiqh jurisprudence) is based on legal precedent and reasoning by analogy
(Qiyas), and is thus considered similar to common law.
A new phenomena has risen of Hybrid Law which contain elements of various legal
systems practiced in the world.
Other laws merged in English Legal System
Present day English Legal System is affected by international laws predominantly of
European Union.
European Union is an organization formed by some European countries that cater for
economic, political, military and other common factors affecting the member states.
European Union law was initially referred to as European Community Law. EU law is a
body of court judgments, treaties and law which acts together with other legal systems
in the European Union member states. The law is highly respected in the member
countries and in case of conflict whether economic, political or those involving human
rights, the law is given priority over the national law in the member countries. EU law is
generally categorized into three categories namely; primary law, secondary law and
supplementary law.
According to the European act of 1972, enforceable from 1st January 1973 United
Kingdom added new sources of law. However, unlike other member countries, these
sources of law are concerned with areas that the European Union has concerns in.
These areas include agriculture, companies, fishing, competition, free movement of
goods and workers, consumer policy, education, health and environment
because of EU law the supreme most appellate court in English Civil Law is now
European Court of Justice (ECJ) in Luxembourg, and European Court of Human
Rights (ECHR) in Strasbourg, France.
Under Article 177 of the Treaty of Rome, the European Court is the supreme tribunal
for the interpretation of European Community law. Section 3 of the European
Communities Act 1972 states that questions as to the validity, meaning or effect of
Community legislation are to be decided in accordance with the principles laid down by
the European Court. In the light of these provisions, Lord Denning stated that when
10. interpreting European law, English courts should take the same approach as the
European Court would (Gillespie 2007)