LEGALST 153 Lecture Notes - Lecture 2: Specific Performance, Decision Rule, Nisi Prius
24 Jan 2017
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Source of law: civic law system: codes created by sovereign (king/parliament, co(cid:373)(cid:373)o(cid:374) la(cid:449): (cid:272)odes (cid:272)(cid:396)eated (cid:271)(cid:455) judges" (cid:396)uli(cid:374)gs. Scholars are less important b/c no need to write codes down. Legal profession: civic: judges (bench) and bar are separate, common: unified bench and bar. Juries and proof: civil: judges find fact, common: jury fact finding. Independence of judges law appears to come from them. Independent from parties, not state: laws apply to sovereign, too. Norman conquest need for a common law in all of england. Local courts and central administration: lords held court as part of admin. Normal entities took over rivals to king. Problem of rule: providing judging service more efficiently: judges in eyre: traveling judicial service (cheap and loyal, admin and judging was centralized but not separate, permanent bench @ westminster centralized all levels of court. Jury system: get locals to accept crown law: start with land title cases (assizes)
