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LWSO 203 (56)


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University of Calgary
Law and Society
LWSO 203
Marywyatt Sindlinger

01/21/13 English Legal History Evolution of criminal law and private law Origins of the Canadian court system Common law evolution 1) Celtic Period (43CE – 247CE) - Clan Based - Customary law dominates - By 800 CE: o 7 different kingdoms with different structures o King’s authority dependent on moral authority and military ability 2) Anglo-Saxon Period - Aspects of order begin to emerge - “Eye for an eye” sanctions - Criminal and Civil law emerge in the form of composition o Compensations for injury o Payment dependent on status and injury o Different compensation depending on status  2 Types of compensation:  Bot (fee): pay to injured party or King  Wite (payment to King): harmful acts are a breach of the Kings peace - Property law based in possession and power to retain possession o Keep people out of your property and it’s yours - Very little contract law o Most deals immediate and made in public - Custom enforced through concept of “the hundred” o The Hundred: a hundred men whose duty it was to enforce the law o Trial by ordeal: accused undergoes an impossible human task  outcome is determined by God o Compurgation: genesis of our juries. 10-12 people can attest to your innocence 3) Norman Conquest (1066) - Invasion of England by William of Normandy - Introduction of the feudal system - Basis for Canadian property law - Domesday book o Sets out land holdings o Origin of the deed system of land titles o Land can be subject to multiple forms of ownership by multiple people  Fee Simple: right to exclusive use and occupation of the land. Right to rent and give away land.  Life Estate (Life Interest): situation where there is a family. Husband owns the land gives it to his wife; wife has ownership until she dies only.  Real property = land  Chattel Property = everything but land - Courts o Manorial Courts (Court of the Manor): Lords divided their land to those below them. Disputes go to the Lord of the Manor - Police (100 Men) o Tything: responsibility to ensure obeyance of law o Sheriffs: collection of Kings taxes o Justices of the peace 4) Roman Catholic Influence - Ecclesiastical Courts o Application of cannon laws to church members o Aimed at murder, theft, etc. o Encouraged personal responsibility - Replaced by Anglican Law 5) Birth of the Common Law - Curia Regis (King’s Court): King had the authority to resolve all legal disputes as he saw fit. Monarch’s absolute authority. Henry II - Established permanent judges (sent on circuits to reso
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