Common Law and Equity
Outline the development of common law and equity.
A
The Law in England didn't come about all at once, but has developed over the centuries. There are 5 different sources of law: Customs, Judicial decision, Acts of Parliament, Delegated Legislation and, most recently, European Law. However, new law is still being created today.
The law as we know it today all started in 1066, when William the Conqueror invaded England. He found a country with no single system of law, just sets of customary rules which differed from area to area. This was due to the different invaders who had settled in different parts of England, bringing their laws with them. William decided to set events into motion that helped bring about the system we have at present.
William introduced the feudal system, in which all land belongs to the king, and he slowly started to gain control of England. He then split the land up and granted parts of the land to people who supported him and who were willing to grant him services, e.g. barons. He then made them pay taxes to him yearly. They in turn granted land to their followers and then them to theirs. This meant that the king had gained control of the whole country.
The King's Justice was introduced for any landholder who had a problem that could not be sorted with their landowner. They were able to apply directly to the king, and William made himself available to them. The King's Justice was administered by the Curia Regis which was a body of advisors to the king, who would apply a system of rules, keeping customs the king thought were best and discarding those he felt were inappropriate. These rules applied to the whole of the country and soon became known as common law.
Various central courts started to develop and the Royal Courts which were located at Westminster started to send itinerant justices into the provinces on assize. In 1176 the king split the country into 6 circuits and itinerant justices just travelled round each
A
The Law in England didn't come about all at once, but has developed over the centuries. There are 5 different sources of law: Customs, Judicial decision, Acts of Parliament, Delegated Legislation and, most recently, European Law. However, new law is still being created today.
The law as we know it today all started in 1066, when William the Conqueror invaded England. He found a country with no single system of law, just sets of customary rules which differed from area to area. This was due to the different invaders who had settled in different parts of England, bringing their laws with them. William decided to set events into motion that helped bring about the system we have at present.
William introduced the feudal system, in which all land belongs to the king, and he slowly started to gain control of England. He then split the land up and granted parts of the land to people who supported him and who were willing to grant him services, e.g. barons. He then made them pay taxes to him yearly. They in turn granted land to their followers and then them to theirs. This meant that the king had gained control of the whole country.
The King's Justice was introduced for any landholder who had a problem that could not be sorted with their landowner. They were able to apply directly to the king, and William made himself available to them. The King's Justice was administered by the Curia Regis which was a body of advisors to the king, who would apply a system of rules, keeping customs the king thought were best and discarding those he felt were inappropriate. These rules applied to the whole of the country and soon became known as common law.
Various central courts started to develop and the Royal Courts which were located at Westminster started to send itinerant justices into the provinces on assize. In 1176 the king split the country into 6 circuits and itinerant justices just travelled round each