The common law system by ufl54fj


									The common law system
        Antoine KATZ
        Maily PREVOT
       Mathiru KEISSER
• Case law essentially consists of judge-made
  law : based on common law and equity

• Equity grew, as a remedy (recours) to the
  defects of the common law

• common law and equity remain vital sources
  of English law.
Origins of the common law
• The old courts of common law were the three
  Royal Courts which sat at Westminster, in
     The Court of Common Pleas;
        The Court of the King’ or of the Queen’s
     The Court of Exchequer.
• Historically, the Common Law came from the
  Anglo-Saxon Common Law in England. It
  existed, and controlled and ruled the land of
           The common law
• The common law consists of a body of principles which
  have been built up from the precedents of the old courts
  of Common Law.
• Introduction of the system of common law, under
  which everyone would be treated the same.
• Under this original common law, the standard machinery
  for starting an action was the original writ
• If no writ existed to fit the plaintiff’s case, he had no
• The register of writs contained all the writs available, and
  the total number of writs contained the Common Law
• a)    the Common Law in some ways defective or
• b)     the only remedy which the Common Law
  Courts would supply was that of damages (money
  compensation for loss suffered), and which was not
  always a satisfactory form of relief;
• c)    when a case involved important people, they
  sometimes tried to influence the Common Law
  courts in their favour, which was cause for
• As a result, Chancellors began to develop a set of rules
  which remedied the defects in the Common Law. They
  granted new remedies based on just or equitable
  decisions they made. These decisions became known as
  rules of Equity
• Equity follows common law. If common law does not
  produce a just outcome, then equity will be used. Equity
  will remedy the wrongs resulting from the rigidity and
  technicalities of the Common Law system when the
  Common law had failed to recognize rights ans duties.
• The law relating to Trusts, for example, was entirely
  based on decisions of the Court of Chancery. It was
  developed from the sixteenth century mainly to protect
  certain categories of citizens such as minors or women,
  whose rights to own property were not recognized by the
  Common Law. There was considerable rivalry between
  the Common Law courts and the Court of Chancery.
   Differences between Common law and
                   Roman Civil law.
• The original difference is that, historically, common law
  was law developed by custom, beginning before there were
  any written laws and continuing to be applied by courts
  after there were written laws, whereas civil law developed
  out of the Roman law of Justinian's Corpus juris civilis.
• Codification is by no means a defining characteristic of a
  civil law system whereas common law jurisdictions have
  frequently codified parts of their laws, in the U.S. Uniform
  commercial code.
       the difference between civil law and common law lies
  not just in the mere fact of codification, but in the
  methodological approach to codes and statutes.
• We can not define the common law system
  without speaking of “equity”, because the two
  notion have merged to become the the Chancery
  Division of the High Court
• The majority of the law is made up of decisions
  made by judges (via cases).
• There is a codified system, which are a number
  of laws decided in advance and written down.
  This information can be accessed and
  understood by all those that need to use it.

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