Droit britannique

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  • Publié le : 9 décembre 2010
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Séance 1

The law is different in England and in Wales.
Great Britain was invaded by the Normans in 1066. The languages spoken in these timeswere French and Roman. There was no real law during this period, only customs. In the 12th and in the 13th, Scotland was independent and became part ofGreat Britain in the 15th century. At the beginning, the judges were appointed to law of torts: the idea that if someone commits a harmful act, the victimcan ask compensation for his damages. Torts = responsabilité civile délictuelle
Common Law: Law common to everyone in England and Wales
The judges wereappointed by the king for claims and complaints. And at the beginning, judgements were oral. The judges began writing the judgements, the law was then basedon Case Law (jurisprudence). English Law is not codified, law is mainly based on Court decisions. In Common Law, some laws were very strict. In Common Law,there was only one remedy: damages. But another possibility was developed in the 16th and 17th: the king could rend the justice in equity. This power wasdelegated to the Chancellor. He appointed specific persons to do that for him. The goal: find the better way for all parts.
Restrictions: impossibilityfor the judges to rend decisions contrary to Common Law.
1873: Parliament voted the Judicature Acts. 2 systems joined together: Common Law and equity becamepart of the same law.
If the judgement was written, the judge explained the reasons of his judgement and his opinion. Ratio decidendi obiter dictum
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