LAWS1001A Lecture Notes - Lecture 2: Curia Regis, Precedent, Deeper Understanding
2 Jul 2018
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Week 2 Seminar: The English Legal Tradition.
Aim: This seminar is intended to introduce students to a general understanding of the character of
the English legal tradition, and the development of the common law, equity, legislation and
parliament as foundation platforms of Australian law and the legal profession.
Discussion Questions:
1. What is the relevance of understanding English legal history for Australian lawyers?
It is beneficial for lawyers to draw upon the fruits of not only the Australian legal
system, but also of those around the world in order to provide further intellect and
legal richness. Australia’s legal system derives from the historical English law. The
conquest of England by Duke William, set in motion a number of events that led to
Australia and many other British colonies sharing the same distinctive legal tradition
that is now referred to as the Common Law. By understanding this fact, lawyers can
develop a deeper understanding of the reasoning behind many traditions in the law,
and why the law works as it does.
2. Explain some of the key features of early English law that have contemporary impact.
Following the conquering of England by the Normans, led by Duke William, was the
imposition of the feudalist system. This was a system of economic and social
organisation, employed primarily due to an inability to exercise power over the
while country. This feudal system gave the local courts a new lease on life, which
contributed to the decline of local law, and thus the rise of a fairer, more uniform
set of laws. The Norman kings began to hear complains of subjects as they travelled
from town to town, holding a court and hearing petitions. The king and his delegates
treated these petitions under the belief that like cases should be treated alike,
creating the foundation for the term ‘stare decisis’ (to stand by decisions and not
disturb the undisturbed). This legal principle meant courts were obliged to respect
the principles established by prior decisions. Later, the kings employed ‘justiciars’
into the Curia Regis- the kings court- transformed this type of law method to an
apparatus of government. In the twelfth century, Justices of Eyre were appointed to
carry the King’s commission and hear and resolve disputes in all parts of the country.
For these purposes, the country was divided into a series of regions to form the
basis of legal administration until the 1970s. these Justices of Eyre were also
instrumental in developing a bank of cases or precedents which applied throughout
the land. This followed with three dispute resolving institutions, formally divided
from the Curia Regis, known as- the Common Pleas, the Exchequer and the King’s
Bench- all together known as the common-law courts. It was through these three
institutions that the distinctive English system of justice known as the common law
flourished.
3. What is the ‘writ’ system and does it have modern equivalents?
The writ system refers to the king’s ability to issue commands (writs) to the sheriff
that a person against whom a complaint had been made must be brought to the
court to answer the allegation. Today’s equivalent could be a standard form, and for
each type of complaint there was a different template. Following this, the common-
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Document Summary
It is beneficial for lawyers to draw upon the fruits of not only the australian legal system, but also of those around the world in order to provide further intellect and legal richness. Australia"s legal system derives from the historical english law. The conquest of england by duke william, set in motion a number of events that led to. Australia and many other british colonies sharing the same distinctive legal tradition that is now referred to as the common law. Following the conquering of england by the normans, led by duke william, was the imposition of the feudalist system. This was a system of economic and social organisation, employed primarily due to an inability to exercise power over the while country. This feudal system gave the local courts a new lease on life, which contributed to the decline of local law, and thus the rise of a fairer, more uniform set of laws.
