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Common Law definition:

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Presentation on theme: "Common Law definition:"— Presentation transcript:

1 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 ( )

2 Common Law is based on: Judges pitches Curia regis Writs system

3 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

4 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

5 Judges Judges wielded judiciary power in a certain circuit of England

6 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.

7 Writ System Writ: the King, uses the writ ( an order) to satisfied subjects’ requirements. Writ was the system to function justice

8 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 ( ) which eliminated every different from Common Law’s courts and Equity’s courts

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


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