14 questions institution and British institution = response in 30 minute
Publié le 24/02/2024
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14 questions institution and British institution = response in 30 minute
Jury in the common law courts
why was the king justice so popular?
The king extracted cases to this courts by offering a better system of justice
than that offered by lords and barons.
In other words pro judges were
considered more legally skilled than local authorities or lords.
He introduced a
new procedure of trial by jury.
Only the king had the right to summon a jury.
Until then both civil and criminal were trial by ordeal.
The jury is the one great
contribution of the francs to the British.
Henri II did not invented it but was
inspired by the francs king (roi francs).
Ar first it was only use to settle
administration issue for royal interest so used the crown.
By the time of Henri II the system of common law developed around proof and
the jury became an essential element to the English legal system and used for
civil and penal cases.
However the role of the early juries isn’t the same as
today’s, it was more of witnesses than judges, they were chosen because they
were the one more likely to know the truth (Neighbors) and have personal
knowledge of the case.
In their oath, they were to give a true statement of the
fact refer to as a verdict from Latin (it gave the institution its name).
The judges
were bind by the verdict made by the jury, it was only on the 20 century that we
start to have new jural who evaluated the evidence presented in courts by other
jury.
Today jury have no relation or knowledge of the case.
The Magna Carta
The great charter signed in 1215 was asked by the barons and bishop with the
support of common men to solve issues with the king.
It guaranteed the
freedom of the church restricted by taxes and fines, promised justice to all
guaranteeing that no person should be imprisoned, deprived of its property or
outlawed except by the lawful judgement of its peers.
The English crown
remain powerful but the law was more so.
The Magna Carta increase the power
of the law.
Habeas corpus
was first use by the common law courts in...
and register in law.
The bill of rights 1689
It appeared 10 years after the habeas corpus act and introduced to reinforce the
power of the parliament, to protect the people against abusive powers of the
monarch and governs the constitutional relationship between parliament and the
crown.
The crown can act when the parliament authorize it and not because the gods
did.
Development and difficulty of the common law courts
baron feared their own local courts would lose cases = rigged system
technical issue : courts procedure in French and slow system
corruption especially juries
Equity and the courts of chancery
the lord chancellor presided over the court of chancery
law of fairness and equity were applied as a check of the common law.
It was
replaced by the chancery division of the high court.
People that were not
satisfied could sent petition to the king and these were delegated to the lord
chancellor after some time.
By the time Henri 8 came, the court have become rival to the common law
court.
They started facing problem especially in expense
Characteristics of early common law
to apply fairness 2 courts will appear : the high court and the court of appeal.
Common law laws were formulated during legal proceedings in real cases =
case law.
It has to be the expression of acceptable law.
It was an accepted
principle.
The kings were not creator but finders of the law who were then
applied throughout the kingdom (common unlike local customary law).
-------------------------------------------------------------------------------------------the act is called the fixed duration in 2011.
election must be held in the UK and
the new parliament is elected every 5 yeas.
Before this act the general election
could be organized as the prime minister decide within the 5 years and no
parliament used to last all 5 years.
He usually decide to call an election when he
was confident of winning the election.
Before it happen there must be a
dissolution.
The next election is in 2024
the act that was past provide for the general election to be held in may every
five years.
That trigger an election at 5 years interval.
Except if there is a ‘no
confidence’ or if it is agreed by 2/3 of the house of common to have a general
election.
The parliament holds the gov.
to account, makes amen and law, and the member
(MPs) represent the UK citizens.
They work on committee that run investigation and do recommendation to the
government.
They make bills and then passed them as law.
The male suffrage was created on 1918 and women had to be over 30 to have
the right to vote.
In 1928 universal suffrage was created for all adult over 21
in....
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