1. common law els

8/17/2019 1. Common law els

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Today’s Topics

• The ‘Crown’

• The ‘Judges’ / Judiciary

•

Common Law and Equity• The Supreme Court


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The Crown

King / Queen


3/27

The Crown

King / Queen

Parliament (House of Lords)


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The Crown

King / Queen

Parliament (House of Lords)Lords Spiritual (clergy) and

Lords Temporal (hereditary peers)


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The Crown

King / Queen

Parliament (House of Lords)

House of Commons (elected)


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The Crown

King / Queen

ParliamentHouse of Lords

House of Commons


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The Crown

King / Queen

ParliamentHouse of Lords (!"# $$)

House of Commons (%$&)


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King / Queen

Parliament

(i'e' HL hereditary / appointed

HC elected )

The *nglish +udiciary


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King / Queen


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King / Queen

Lord Chief Justice

Circuit +udges


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King / Queen

Lord Chief Justice

Circuit +udges

Common Law


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Characteristics of

the Common Law (1

• Customs !ecome "aw – #ade up of Eng"ish customs which

– E$isted !efore the coming of the %ormans

– &isco'ered ex post facto (ie after the fact – )y the (%orman tria" *udge (on circuit

– The ‘!est’ of these customs were retained

– The ‘others’ were discarded as not rea""ycustoms

– Su!sequent"y fo""owed !y other CL *udges(J+


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Characteristics of

the Common Law (,

• Limitations

• -emedy – .n"y &amage awarded in ci'i" c"aims (a

portion of which went to the court

• Change – Common Law 0 on"y amend !y Statute

(ct of +ar"iament

– (!ut see the case of R v R – MaritalRape


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- ' - (#arita" -ape

2nder the Common Law

a wife is the property of her hus!and

when she says 34 do5 hus!and cannot !e gui"ty of the rape

of his wife during the marriage

-ape is de6ned as 3un"awfu" se$ua"intercourse without consent 5


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Characteristics of

the Common Law (7

• Limitations

• ppea"s – %o hierarchy of courts so cannot appea"

0 can on"y petition (!eg the 8ing (as thefountain of *ustice

– Later tria" courts and appe""ate courts

esta!"ished which pro'ided for appea"s!y Statute (o+


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d'ent of Equity

• Lord Chance""or – C"ergyman (Church

– So not !ased on pro6t

– Conscience not +ractice (or customs

– The test of ‘*ust9 fair and equita!"e’

– Cou"d compe" o!edience 0 e$:

communication• Speci6c +erformance9 -escission9 -estitution

9 Estoppe"

– Later adopted J+ from CL courts


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The +udiciary

King / Queen

Lord Chief Justice

Circuit +udges

Common Law


18/27

King / Queen

Parliament


HC elected )

Lord Chief

JusticeCommon Law

Courts


19/27

King / Queen

Parliament


HC elected )

Lord Chief Justice

Common Law

Appeal Courts

Common Law

Trial Courts


20/27

King / Queen

Parliament


HC elected )

Lord Chief Justice Lord Chancellor

Common Law

Appeal Courts

Equity

ppea" Courts

Common Law

Trial Courts

Equity

Tria" Courts


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King / Queen

Parliament


HC elected )

Lord Chief

Justice

Lord

ChancellorCommon Law

Appeal Courts

Equity

ppea" CourtsCommon Law

Trial Courts

Equity

Tria" Courts


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King / Queen

Parliament


HC elected )

Lord Chief

Justice

Lord


Appeal Courts

Court of ppea" Equity


Trial Courts


23/27

King / Queen

Parliament


HC elected )

Lord Chief

Justice

House of

Lords

Lord


Appeal Courts

Court of ppea" Equity


Trial Courts


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Law Lords

• ppe""ate Jurisdiction ct 1>?@ – ""owed the creation of "ife peerages (Law

Lords• Senior *udges were appointed for "ife to the


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‘Supreme’ Court Structure•

Supreme Court of Judicature Acts 187• !o"ished a"" courts of CL and E• created a ‘Supreme Court of Judicature‘

• ‘merged’ admin of CL and E

• Supreme Court of Judicature Act 187!• -einstated ppea"s to the House of Lords

• Supreme Court Act 1"81• renamed ‘Supreme Court of #n$land % &ales’

•

Constitutional 'eform Act ())!• Senior Courts of Eng"and B a"es

• Created a ‘Supreme Court of the *+ ’

• -emo'ed Lord Chance""or’s ro"e in Judiciary

1. common law els

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