Common Law in England

COMMON LAW

British common law, also called traditional law, is law that has evolved from decisions of English courts going back to the Norman Conquest in 1066. These earlier decisions set “precedent,” which are used in future cases of a similar nature. Precedent can be overruled by new laws, or statutes, passed by the appropriate government. Today Common law is applied in most countries settled or ruled by the British.

WHERE IS THE COMMON LAW USED?

The common law is used in the United Kingdom and most countries that used to be colonies of the British Empire, including the United States. Many other countries use a system called civil law, where people say that legislation is the only kind of law. In common law countries, courts usually have more power than in civil law countries.

HISTORY OF THE COMMON LAW:

Before the Norman invasion of 1066, inhabitants of the kingdom of Anglo-Saxons were under the common law, differentiated according to region and applied in a rather arbitrary and free manner. In common was also a way of demonstrating truthfulness of witnesses or parties by going through certain trials.

In 1154, Henry II, the first king of England  institutionalized system of common law, giving it the status of universal law, that is one and common to the whole kingdom of England. The king forbade the courts of God, in exchange for a custom made ​​way of ensuring parties and witnesses. Having deliberated on the verdict, the jury need not necessarily be based on evidence presented by the parties, the law was different from today’s. Royal courts in the thirteenth / fourteenth century came to be called Westminster Courts. They were engaged in the affairs of the most important from the standpoint of the king-civil, criminal and fiscal. Divided into:

COURT OF COMMON PLEAS - dealt with civil cases, developed in the late XIII.

COURT OF KING’S BENCH - criminal cases and appeals from the Court of Common Pleas

EXCHEQUER - taxes

The creation...