POLS30224 Lecture Notes - Lecture 1: Jury Trial, Precedent, Statutory Law
19 Aug 2016
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Document Summary
Started with the norman conquest in 1066. Helped norman lords keep everything in check. Civil and common are based on two different understandings of law. Civil trusts in the power of the judge to determine facts of case. Common thought judge needed help by a jury. Versus statutory law: common law=case law, decisional law, precedential law. Versus civil law: common law is a family of law, legal system. Until the beginning of the 20th century, most common law states had two parallel court systems, courts of law and court of equity. Equity: set of legal principles, which supplement strict rules of law where their application would operate harshly; natural justice; fairness. People petitioned king in england against unfair judgements, the king delegated them to the chancellors- they were passing judgements guided by conscience and morals, and equity. Result of a historical accident- norman invasion. 16th century: north america and australia, later the british colonies.
