Anglais juridique

Pages: 36 (8898 mots) Publié le: 7 novembre 2010
Common Law (developed after Norwam conquest)
This term is using for different ways, different interpretation:
- oppose to the term local laws
- oppose to the term equity
- oppose to the term statute
- oppose to other systems of law

Different laws in England: local laws everywhere.
After Norman Conquest, the king appointed judges who developed a set of rules which became common to the allcountry. The laws have become common to the all country (common law).

When CL was developed, it was subject to very strict rules. In order to remedy, a new sense of law was developed: equity. Developed by the king and the principles chancellor and introduced new remedies such as specific performance, injunction or rescission.
King ask to the chancellors to developed new rules

Statute ispromulgated by parliament. Case law: the law based on traditional laws.

Specific system of law: different of other system of law (France: civil law) Based on judicial precedents (England USA...)

Before 1066 the situation in England: there was no uniform system of law. The country was dividing in shires and counties. Some customs were applied which constituted the local law.
Customs inManchester is different from customs from London.
1066: William the conqueror became king of England, he defats Saxons.
To reinforce his power: he has to develop a new system of law.
Local lord is in charge to the local law.
He creates 3 centrals ports in London, precisely in Westminster. The Court of Exchequer: disputes taxation.
Court of common pleas
Court of kings bench which is the mostimportant court dealing with most important

In order to deal with the law. King is appointing to judges.

At the same he practices grew up on the king sending judges most part of the countries for stabled a closer control of the administration.

For unification of local customs:
Judges come back to London regularly in order to discuss the merits of these local customs in order to agree on thebest of them and reject the other.
The judges apply ...everywhere

The best customs were apply
Other were replaced by a body of rules apply throw the country and eventually now as the CL. The law had become common to the all of country.

Starting an action of CL was writ on a document which could be a payment of fee from administrative chancelleries
The general paper of a writ was to securebefore the royal court.
Ground of claim: the reason
In 1280, there are only 56 writs which allowed obtaining a remedy. In only 56 different situations. If no of writs corresponded to injury, the plaintiff (or claimant =/ defendant) was left without a remedy.
The situation must be the same in the writ.
If the writs corresponded to particular case, there was a writ for debt, there was also a writfor trespass, and it was founded on a wrong of violence against the person or property.
However, even if the plaintiff wants a case and there was no remedy, there was damage.
Also the writ system was very form, if the wrong writ was chosen or if there was a mistake during the proceedings then the action start over and the plaintiff had to start from the beginning again. If he had the patienceand the money.

The rule of precedent, (problem with your neighbor, for start action, must obtain a writ which is the right for this case)

CL was created by judges who apply the best local cutoms.CL was based on case law: decision of the judges.
In order to ensure consistency in the different decision the judges would look the past decision in similar case. It became possible to predict howthe judges would decide in the future.
What is important the precedent became binding: the judges did not have the choice, he have to apply the precedent.
In order to know what was the bonding precedent the judges had to be aware, and without a reliable record by the doctrine of precedent. The precedent must be recorded in law reports.
Law reports: a document in which all the important decision...
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