COMMON LAW
Common Law definition:
Judge-declared law.
Law which exists and applies to a group on the basis
of customs and legal precedents developed over
hundreds of years in Britain.
It is the basis of the modern jury system
It was introduced by king
Henry II ( 1154-89)
Common Law is based on:
•Judges pitches
•Curia regis
•Writs system
What are the features of Common Law?
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Antiquity and persistence of the institution
There is no codification
It is a case law ( diritto giurisprudenziale)
Historicity
It withstands to Roman law
Common Law’s eras
• I era: from the Vth century to 1066 (Norman’s
invasions)
• II era: from 1066 to 1485 ( the accession to the
throne of the House of Tudor)
• III era: from 1485 to 1875 ( statement of Equity
Law)
• IV era: from 1875 to nowadays
Judges
Judges wielded judiciary power in a certain
circuit of England
Curia regis
It was instituted in 1178 by Henry II.
It was made up by 5 judges and divided into two different
assemblies: Magnum Concilium and Common Council.
Curia Regis cooperated with the sovereign in legislative, executive
and judiciary functions.
From Curia Regis came Westminster Courts: Corte dello
Scacchiere, Corte dei Comuni ( Common Pleas) and Court of King’s
bench.
Writ System
Writ: the King, uses the writ ( an order) to satisfied
subjects’ requirements.
Writ was the system to function justice
Common Law and Equity Law
Equity law developed after the
common law to offset the rigid
interpretations medieval English judges
were giving the common law.
Common law and equity law were
operated at the same time to the
Judicature Acts ( 1873-1875) which
eliminated every different from
Common Law’s courts and Equity’s
courts
Common Law is in effect in:
Australia
Canada
United Kingdom
United States
India and Nigeria ( in according to religious law)