POLS30224 Lecture Notes - Lecture 2: Hadith Studies, Hanbali, Talmud
19 Aug 2016
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Writ= a letter from the king or from other person exercising jurisdiction. It was an instruction from the crown to a royal officer regarding investigation. Relies on the skill of the different advocates representing their party"s position and not on the judge to establish the facts of the case. Judges play more of a role in deciding what evidence to admit or reject. At first, judges were court officials who advised the king on the settlement of disputes. Henry ii (12th century): only 18 judges in the country. He chose 5 members of his personal household (2 clergy + 3 lay) to hear all the complaints and to do right . 2008 judges hearing civil and family cases do not wear a wig. Robes for judges hearing criminal cases were unaffected by the changes. Civil law: doctrine of good faith very strong. Common law: doctrine is not so strong.
