Legal English 2024-2025 | Gwen Verbist
Legal english
Introduction
Contract law ! used mostly in English law
Parliament and parliamentary law =
Liberal judges vs originalist judges in US supreme court
L judges = interpret the words of the constitutions ( as itw as written 350y ago)
O Judges = take the words literally out of the constitution
Tort law = case where someone does something wrong (= suing is tort law)
! legal English is about being short-worded and clear not too much words on finals !!!
! going to give relevant an irrelevant info on final and we have to be able to see that
difference !
Know all your cases for the final !!!!!
1
, Legal English 2024-2025 | Gwen Verbist
Unit 1: Common law and civil law:
Section 1: From the Anglo-Saxons to the Norman invasion:
English legal system = common law (not civil law!!!)
Common law = doesn’t originate from any set of texts, but from ‘traditional expressed in
action’/ jurisprudence (= gewoonterecht)
Law of England and Wales = developed over many centuries origins in customary laws
Anglo Saxons = first to introduce written laws on British isles ( apart from the Romans)
First English; legislation and written text = King Aethelberth 1 of Kent (600 AD) =
“England was”
England = divided in little kingdoms
Only clergy could write king relied on them for administration (= advisors)
convened in the witan (curia regis)
Legislation = definition back in the day, were instructions directed at people who already
knew the customs + contained instructions on how to govern situations (previously
discretionary)
Early medieval society = agricultural
Maj legal rules = ownership and treatment of land (= feodaliteit)
Anglo-saxon legal system = basis for characteristics modern common law (jury
system, writ system,..)
9th century :
Vikings invaded England
Brought own law Danelaw
o Influenced existing customary law
Law = Danish origins
Saxon king Alfred of Wessex (847-899)/ Alfred the great
o Unified English Kingdoms against Danes
o Divided country in shires/ counties Governed by an ‘earl’
o Limited attempts at unifying laws of England, especially criminal law
England still ruled by unwritten laws
Folcrith = conflicts solved in public gatherings
Presided by doomsman/ Shireman
To prevent private justice with help of wise men
Wise men : knew customs with help of oaths, ordeals and
supernatural tests
Each county: local court; own justice =>local customs
2
, Legal English 2024-2025 | Gwen Verbist
o Enforced arbitrarily
o No judges/ lawyers
o Role of king = ensuring that all men received benefit of
customary law + maintaining peace in realm
William the Conqueror (battle at hastings) 1066 (Wilhem van Normandië)
o Invaded England Norman rule:
King held all land in person
Attributed plots of land to subjects in return of loyalty (feudal system)
Control newly conquered territory
Suppress uprisings
Supervise local government
Collect taxes
o Norman kings (especially Henry II) sent servants around realm:
Would investigate local conflicts and declare kings law (in name of
king)
Report judgments to king
To incorporate and elevate local custom to national level
Ending local control
Eliminating arbitrary remedies
Reinstating jury system
o Citizens sworn on oath to investigate criminal
accusations
Aim : common law system throughout the land (law
common law)
o Traveling judges = no local route
o less corruption of local judges
o Circuits: Traveling judges were send on those to hear
pleas and taking over work of local course (cf. Circuit
judges and circuit courts)
o decisions of circuits courts eventually written down
Practice developed were past decisions = precedents
o precedents cited in courts
First seen as persuasive
Later as binding authority
o Curia regis : transformed into a real court (independent from advisory council)
Later: develop into several “high courts” (professional judges)
Collected circuit court judgements
Had ultimate legal authority
! common law not derive ultimate authority from local custom!
o Used to be in past, from king itself
3
, Legal English 2024-2025 | Gwen Verbist
Section 2: The Writ system:
King and servants would issue writs to administer justice.
Writs: Royal orders to do, or to refrain doing something. Habeas Corpus was the most
important writ.
Habeas corpus: Order to bring someone before the king’s court so that the king (or one of his
servants could verify the alleged wrong.
Ex. If someone stole your sheep, you could ask king to issue habeas corpus; which
summoned you to bring neighbour before king or one of his courts. Then king could decide
the matter
Importance of king’s court and writs was growing, became important to know how to
access those courts and what procedures were to be followed
Power to issue writs: gradually transferred from king to important advisor = The
chancellor (he started to standardize writs)
Access to court = refused Unless a correct standardized writs
Standardized writs: were collected in a register of writs (register Brevium)
Section 3: The development of parliament
Jhon (1166-1216) : lost the battle of Bouvines (1214)
o Feudal system suffered
o Loss of most English territory in France
Eng barons rebelled against king Jhon (mad)
“ Jhon lackland” (Jan zonder land)
Made him sign the Magna Carta
Limited king’s power
No tax raises w/o consulting barons
o “No taxation without representation”
Guarantee: no free man should be deprived of life, liberty or
property except by ‘due process of law’
King Henry III (1216-1272):
o Failed attempts to recapture lost Fr territories
further concessions by kings barons
o Provisions of Westminister (1259) : created ‘parliament’
Power to approve laws that would supersede common law
Doctrine of parliamentary sovereignty: Principle that all
legislative power in England is vested in parliament or is
derived from the authority of parliament.
Led to decline of royal power and courts
4
, Legal English 2024-2025 | Gwen Verbist
o Courts : reaction: interpreting law approved by
parliament in strict matter (cf. U 3: Literal
interpretation)
Section 4: The development of Equity:
end 13th century: common law:
o stagnated
o developed rigidity
Judges refused to deal with injustices as not fall within particular
formal procedural rules
Dissatisfaction with Eng legal system
Common law courts perceived as slow, highly technical and
very expensive
o Only legal remedy: damages: Damages is a sum of
money which is awarded by the courts for the purpose
of replacing the monetary value of property or rights
which have been lost or damaged, or to cover expenses,
loss, pain and suffering relating to a victim's injury or
death.
monetary compensation not always best
o Equity developed as a response
Claimants/ plaintiffs unable to access common
law courts could appeal directly to king
cf. duty of king : ‘To do Equal and right
justice and discretion in mercy and truth’
+ issue decrees
Decrees: order handed down that
resolves the issue in a court case
o First by king in council
o 15th century: Lord chancellor
Acted as king’s conscience
Was always a man of the
church
Lord chancellor: (in court of chancery/ equity court)
o Originally: followed broad notion of natural justice
o Differed from CL courts
Equity: no fixed rules or strictly applied doctrine of precedent.
C look beyond documents considered legally binding by CL courts
Ensure fairness: subpoena: requiring a witness to attend court.
New remedies:
o Injunctive reliefs/injunctions recission: an equitable
remedy. Court order which is either mandatory,
requiring a person to do something, or prohibitory,
5
, Legal English 2024-2025 | Gwen Verbist
requiring a person not to do something.
Injunction, like all equitable remedies, is a discretionary
remedy and will not be ordered if damages are a
sufficient remedy.
o Specific performance : an equitable remedy. A court
order to make a person carry out his or her
obligations under a contract. Specific performance, like
all equitable remedies, is a discretionary
remedy and will not be ordered if damages are a
sufficient remedy.
It is a positive obligation
Failure to comply: contempt of court
Punishable by imprisonment/ fine
LC followed his conscience
o Decisions not predictable/coherent
o Criticism: ‘equity varies with the length of the
chancellor’s foot’
16th/17th century:
o Chancery decided cases according to precedent
Equity based on rules rather than individual conscience
Emergence of specific courts created to deliver equitable/fair decisions
in cases CL courts refused to deal with
Ex. Court of Chancery: court of equity
o Applied to discretion to grant equitable relief
o enforcing common law by making sure that justice
was done.
Equity came to fulfil CL
Actions in court:
o Commenced by informal bill of complaint/petition, asking for king’s grace
shown I in respect of some complaint
CL actions: commenced by means of a writ
o Hearings were formal, in Latin
o Could only render monetary judgements against the
defendant (ie order to pay damages, but not fine/
imprisonment of defendant)
Beginning of process: Subpoena
Hearings were informal
Could take place in C house, not in Latin but English
for plaintiff to go to CC; had to show he could not acquire justice in
CL courts
Equity granted ‘in personam’: enter decrees requiring defendant to
engage, refrain from engaging in specific acts.
if not followed; enforced: sanction of contempt of court
6
Legal english
Introduction
Contract law ! used mostly in English law
Parliament and parliamentary law =
Liberal judges vs originalist judges in US supreme court
L judges = interpret the words of the constitutions ( as itw as written 350y ago)
O Judges = take the words literally out of the constitution
Tort law = case where someone does something wrong (= suing is tort law)
! legal English is about being short-worded and clear not too much words on finals !!!
! going to give relevant an irrelevant info on final and we have to be able to see that
difference !
Know all your cases for the final !!!!!
1
, Legal English 2024-2025 | Gwen Verbist
Unit 1: Common law and civil law:
Section 1: From the Anglo-Saxons to the Norman invasion:
English legal system = common law (not civil law!!!)
Common law = doesn’t originate from any set of texts, but from ‘traditional expressed in
action’/ jurisprudence (= gewoonterecht)
Law of England and Wales = developed over many centuries origins in customary laws
Anglo Saxons = first to introduce written laws on British isles ( apart from the Romans)
First English; legislation and written text = King Aethelberth 1 of Kent (600 AD) =
“England was”
England = divided in little kingdoms
Only clergy could write king relied on them for administration (= advisors)
convened in the witan (curia regis)
Legislation = definition back in the day, were instructions directed at people who already
knew the customs + contained instructions on how to govern situations (previously
discretionary)
Early medieval society = agricultural
Maj legal rules = ownership and treatment of land (= feodaliteit)
Anglo-saxon legal system = basis for characteristics modern common law (jury
system, writ system,..)
9th century :
Vikings invaded England
Brought own law Danelaw
o Influenced existing customary law
Law = Danish origins
Saxon king Alfred of Wessex (847-899)/ Alfred the great
o Unified English Kingdoms against Danes
o Divided country in shires/ counties Governed by an ‘earl’
o Limited attempts at unifying laws of England, especially criminal law
England still ruled by unwritten laws
Folcrith = conflicts solved in public gatherings
Presided by doomsman/ Shireman
To prevent private justice with help of wise men
Wise men : knew customs with help of oaths, ordeals and
supernatural tests
Each county: local court; own justice =>local customs
2
, Legal English 2024-2025 | Gwen Verbist
o Enforced arbitrarily
o No judges/ lawyers
o Role of king = ensuring that all men received benefit of
customary law + maintaining peace in realm
William the Conqueror (battle at hastings) 1066 (Wilhem van Normandië)
o Invaded England Norman rule:
King held all land in person
Attributed plots of land to subjects in return of loyalty (feudal system)
Control newly conquered territory
Suppress uprisings
Supervise local government
Collect taxes
o Norman kings (especially Henry II) sent servants around realm:
Would investigate local conflicts and declare kings law (in name of
king)
Report judgments to king
To incorporate and elevate local custom to national level
Ending local control
Eliminating arbitrary remedies
Reinstating jury system
o Citizens sworn on oath to investigate criminal
accusations
Aim : common law system throughout the land (law
common law)
o Traveling judges = no local route
o less corruption of local judges
o Circuits: Traveling judges were send on those to hear
pleas and taking over work of local course (cf. Circuit
judges and circuit courts)
o decisions of circuits courts eventually written down
Practice developed were past decisions = precedents
o precedents cited in courts
First seen as persuasive
Later as binding authority
o Curia regis : transformed into a real court (independent from advisory council)
Later: develop into several “high courts” (professional judges)
Collected circuit court judgements
Had ultimate legal authority
! common law not derive ultimate authority from local custom!
o Used to be in past, from king itself
3
, Legal English 2024-2025 | Gwen Verbist
Section 2: The Writ system:
King and servants would issue writs to administer justice.
Writs: Royal orders to do, or to refrain doing something. Habeas Corpus was the most
important writ.
Habeas corpus: Order to bring someone before the king’s court so that the king (or one of his
servants could verify the alleged wrong.
Ex. If someone stole your sheep, you could ask king to issue habeas corpus; which
summoned you to bring neighbour before king or one of his courts. Then king could decide
the matter
Importance of king’s court and writs was growing, became important to know how to
access those courts and what procedures were to be followed
Power to issue writs: gradually transferred from king to important advisor = The
chancellor (he started to standardize writs)
Access to court = refused Unless a correct standardized writs
Standardized writs: were collected in a register of writs (register Brevium)
Section 3: The development of parliament
Jhon (1166-1216) : lost the battle of Bouvines (1214)
o Feudal system suffered
o Loss of most English territory in France
Eng barons rebelled against king Jhon (mad)
“ Jhon lackland” (Jan zonder land)
Made him sign the Magna Carta
Limited king’s power
No tax raises w/o consulting barons
o “No taxation without representation”
Guarantee: no free man should be deprived of life, liberty or
property except by ‘due process of law’
King Henry III (1216-1272):
o Failed attempts to recapture lost Fr territories
further concessions by kings barons
o Provisions of Westminister (1259) : created ‘parliament’
Power to approve laws that would supersede common law
Doctrine of parliamentary sovereignty: Principle that all
legislative power in England is vested in parliament or is
derived from the authority of parliament.
Led to decline of royal power and courts
4
, Legal English 2024-2025 | Gwen Verbist
o Courts : reaction: interpreting law approved by
parliament in strict matter (cf. U 3: Literal
interpretation)
Section 4: The development of Equity:
end 13th century: common law:
o stagnated
o developed rigidity
Judges refused to deal with injustices as not fall within particular
formal procedural rules
Dissatisfaction with Eng legal system
Common law courts perceived as slow, highly technical and
very expensive
o Only legal remedy: damages: Damages is a sum of
money which is awarded by the courts for the purpose
of replacing the monetary value of property or rights
which have been lost or damaged, or to cover expenses,
loss, pain and suffering relating to a victim's injury or
death.
monetary compensation not always best
o Equity developed as a response
Claimants/ plaintiffs unable to access common
law courts could appeal directly to king
cf. duty of king : ‘To do Equal and right
justice and discretion in mercy and truth’
+ issue decrees
Decrees: order handed down that
resolves the issue in a court case
o First by king in council
o 15th century: Lord chancellor
Acted as king’s conscience
Was always a man of the
church
Lord chancellor: (in court of chancery/ equity court)
o Originally: followed broad notion of natural justice
o Differed from CL courts
Equity: no fixed rules or strictly applied doctrine of precedent.
C look beyond documents considered legally binding by CL courts
Ensure fairness: subpoena: requiring a witness to attend court.
New remedies:
o Injunctive reliefs/injunctions recission: an equitable
remedy. Court order which is either mandatory,
requiring a person to do something, or prohibitory,
5
, Legal English 2024-2025 | Gwen Verbist
requiring a person not to do something.
Injunction, like all equitable remedies, is a discretionary
remedy and will not be ordered if damages are a
sufficient remedy.
o Specific performance : an equitable remedy. A court
order to make a person carry out his or her
obligations under a contract. Specific performance, like
all equitable remedies, is a discretionary
remedy and will not be ordered if damages are a
sufficient remedy.
It is a positive obligation
Failure to comply: contempt of court
Punishable by imprisonment/ fine
LC followed his conscience
o Decisions not predictable/coherent
o Criticism: ‘equity varies with the length of the
chancellor’s foot’
16th/17th century:
o Chancery decided cases according to precedent
Equity based on rules rather than individual conscience
Emergence of specific courts created to deliver equitable/fair decisions
in cases CL courts refused to deal with
Ex. Court of Chancery: court of equity
o Applied to discretion to grant equitable relief
o enforcing common law by making sure that justice
was done.
Equity came to fulfil CL
Actions in court:
o Commenced by informal bill of complaint/petition, asking for king’s grace
shown I in respect of some complaint
CL actions: commenced by means of a writ
o Hearings were formal, in Latin
o Could only render monetary judgements against the
defendant (ie order to pay damages, but not fine/
imprisonment of defendant)
Beginning of process: Subpoena
Hearings were informal
Could take place in C house, not in Latin but English
for plaintiff to go to CC; had to show he could not acquire justice in
CL courts
Equity granted ‘in personam’: enter decrees requiring defendant to
engage, refrain from engaging in specific acts.
if not followed; enforced: sanction of contempt of court
6
