COMMON LAW Common Law definition: Judge-declared law. Law which exists and applies to a group on the...

COMMON LAW

Common Law definition:

Judge-declared law.

Law which exists and applies to a group on the basis of customs and legal precedents developed over

hundreds of years in Britain.

It is the basis of the modern jury system

It was introduced by king

Henry II ( 1154-89)

Common Law is based on:

•Judges pitches

•Curia regis

•Writs system

What are the features of Common Law?

• Antiquity and persistence of the institution

• There is no codification

• It is a case law ( diritto giurisprudenziale)

• Historicity

• It withstands to Roman law

Common Law’s eras

• I era: from the Vth century to 1066 (Norman’s invasions)

• II era: from 1066 to 1485 ( the accession to the throne of the House of Tudor)

• III era: from 1485 to 1875 ( statement of Equity Law)

• IV era: from 1875 to nowadays

Judges

Judges wielded judiciary power in a certain circuit of England

Curia regis

It was instituted in 1178 by Henry II.

It was made up by 5 judges and divided into two different assemblies: Magnum Concilium and Common Council.

Curia Regis cooperated with the sovereign in legislative, executive and judiciary functions.

From Curia Regis came Westminster Courts: Corte dello Scacchiere, Corte dei Comuni ( Common Pleas) and Court of King’s bench.

Writ System

Writ: the King, uses the writ ( an order) to satisfied subjects’ requirements.

Writ was the system to function justice

Common Law and Equity Law

Equity law developed after the common law to offset the rigid interpretations medieval English judges were giving the common law.

Common law and equity law were operated at the same time to the Judicature Acts ( 1873-1875) which eliminated every different from Common Law’s courts and Equity’s courts

Common Law is in effect in: Australia Canada United Kingdom United States India and Nigeria ( in according to religious law)