Samenvatting Common Law
Common Law and English Legal Terminology
Common Law
Common law has several meanings :
o Law developed by judges in the 11th and 12th century to form a ‘common’ law
for the whole country (as opposed to the situation prior to the Norman
conquest).
o The rules (substantive and procedural) developed by judges; ‘judge-made law’
o Legal systems based on the English legal system; ‘common law systems’ (as
opposed to civil law systems)
o Law used in common law courts prior to the reorganization of the court
structure in 1873-75 (as opposed to Equity in the Chancery courts).
EU countries with a common law system are:
o England and Wales; Northern Ireland
o Republic of Ireland
o Malta (mixed system with common law)
o Cyprus
The legal systems of
the United Kingdom
o The United King of Great Britain and Northern Ireland consists of four nations,
with distinct legal systems for:
England and Wales
Northern Ireland
Scotland
Great Britain
o Great Britain consists of
England
Wales
Wales was conquered and its very distinct system lost
Scotland
Scotland has never had the same legal system (union of the
crowns followed by union of the parliaments…acts of union…
education, law, Church)
Common Law and English Legal Terminology
Common Law
Common law has several meanings :
o Law developed by judges in the 11th and 12th century to form a ‘common’ law
for the whole country (as opposed to the situation prior to the Norman
conquest).
o The rules (substantive and procedural) developed by judges; ‘judge-made law’
o Legal systems based on the English legal system; ‘common law systems’ (as
opposed to civil law systems)
o Law used in common law courts prior to the reorganization of the court
structure in 1873-75 (as opposed to Equity in the Chancery courts).
EU countries with a common law system are:
o England and Wales; Northern Ireland
o Republic of Ireland
o Malta (mixed system with common law)
o Cyprus
The legal systems of
the United Kingdom
o The United King of Great Britain and Northern Ireland consists of four nations,
with distinct legal systems for:
England and Wales
Northern Ireland
Scotland
Great Britain
o Great Britain consists of
England
Wales
Wales was conquered and its very distinct system lost
Scotland
Scotland has never had the same legal system (union of the
crowns followed by union of the parliaments…acts of union…
education, law, Church)
