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Histoire de la Common Law en Anglais

Cours : Histoire de la Common Law en Anglais. Recherche parmi 297 000+ dissertations

Par   •  9 Décembre 2018  •  Cours  •  935 Mots (4 Pages)  •  791 Vues

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1. Explain that Common Law is

Common law is the law of the lands developed by judges sitting in a court call a judiciary. Judges disputes in individual cases, they follow the doctrine of precedent. Doctrine of precedent is the decision taken in precedent case in the similar cases. Those decisions are collected ad files in books called a law report.

2. Who was William Blackstone? Why is so strongly associated with the history of Common Law?

William Blackstone was a scholar living and working in Oxford in the 18th century. He gathered all the common Law in 4 volumes from 1765 to 1769 which is known as « corpus of common Law »

3. Give the famous sentence said by W. Blackstone. What does it men?

«  It’s better than 10 guilty persons escapes than one innocent person should suffer »

It means that innocent people should not be wrongly convicted

4. 1066 is a key date. Explain how justice system used to work before that dat and what major changement occurred from that date.

1066 is a key date because it refer to William the conqueror who invaded England by south and became king. Before that date, there was in england a complex law system. There were different court in different county mainly orals. The locals courts were dispensing her own justice. William the conqueror was the first to have the idea of akin to unify laws.

5. What is a trial by ordeal? Give an example

When judges couldn’t reach a decision, they asked the defendant (the accused) to prove his innocence. For example by grasping a red hot iron bar, he was burnt and if the wound healed in a few days the person would be set free because god had performed a miracle. If not the accused was executed.

6. When did the trials by ordeal stop? Who stopped them?

The trials by ordeals stopped in the 13th century, Condemned by church.

7. What did William the conqueror bring to the English law system?

William the conqueror wanted to establish powering an unruly kingdom. He quickly understood that to establish power on citizens, he needed a central system justice

8.What is a curia Regis?

Created by William the conqueror, curia regis was the king court composed by the King himself and his most trusted advisors. People could come to them and bring their disputes to be judge

9. How did William the conqueror choose to bring the laws across England?

At that time, there were poor people who couldn’t read or write and travelling around the country was extremely difficult, so the King decided to travel around the country with his curia regis.

10. What is a court of King’s bench?

Literally, The King sat on a bench to hear cases with his advisors sitting around him. The court is known as a king bench and this is the beginning of the Common Law system.

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