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LWSO 203 Lecture Notes - Fee Simple, Clean Hands, Feudalism

Law and Society
Course Code
LWSO 203
Marywyatt Sindlinger

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English Legal History 1/21/2013 10:08:00 AM
Three main points:
A)Evolution of Public criminal and private court law
B)Origins of Canadian Court system
C)Evolutions and origins of common law
Celtic times:
-Clan based govt and legal systems across British Isles
-Romans invaded and had much more developed legal systems
-very little King directed law, more directed by the 8 clans
Anglo-Saxon law:
-formal and standardized view about the death penalty for adultery, murder
>a personal response, one has the right to kill another
> individually rather than state practiced
-Composition compensation
>origin of tort law
> if you injure or kill someone you must compensate them or their kin
> type of injury and the status of the person dictates the compensation
2 types of compensation:
a) The bot (the fee paid to the injured party)
b) a Wite (paid to the King because you “injured” the King by disturbing the
>more complicated transactions
> had to be made in public for witnesses
Enforcement procedures:
-the “hundred” were the enforcers

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-trial by ordeal: the accused undergoes an impossible human task ie. The
drowning of witches
-congregation: gather 10-12 people to attest to your innocence, if successful
you are innocent, if not you are guilty (origins of juries)
1066 Invasion of England by William of Normandy (France)
-Intro of Feudal system (The King owns all the land of England and
grants/leases it to special tenants who pay taxes and lease it to citizens who
in turn pay taxes to the tenants)
>basis of property laws in Canada
>origin of land title system and deeds
-land can be subjected to multiple types of ownership by multiple people
>fee simple: right to the exclusive use and occupation of the land (right to
sell the land, subdivide the land, rent it, you can give the land to whoever
you want)
>life estates/interest: a man is an entitled owner of the land, can leave land
to his wife with the intent of leaving it for the children. The wife has a “life
interest”, as she can occupy the land for the remainder of her life but does
not have the right to sell it or anything)
-personal/chatl property
-manorial courts: the lords subdivided their lands and passed them down
and divided them, but they had fee simple ownership. The lord of the manor
took responsibility of the legal disputes on their piece of land “the lord of the
police: still had the hundred
>tything man: supervised those in his group
>Sheriffs: collected taxes
>Justices of the peace: the King appointed knights to go solve crimes in the
Roman catholic era (Until 1834):
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