Samenvatting Hoorcolleges
Week 1 & 2
Common Law Overview
Definition: A legal system originating in England, characterized by case
law, judicial precedent (stare decisis), and a mix of common and statutory
law.
Timeline:
o 1050–1500: Formation of common law.
o 19th Century: Major reforms.
o Modern Developments: Integration with statutory law and the
doctrine of precedent.
I. Development of Common Law (1050–1500)
1. Origins:
o Pre-1150: Local courts governed by local laws.
o 1066: William the Conqueror centralized justice under the Curia
Regis (king’s Court).
o Post-1150: Establishment of common law under Henry II (1133–
1189) with innovations like:
General Eyre: Itinerant judges traveled circuits to hear cases
across the kingdom.
Courts of Assizes: Regional courts held by royal judges.
Jury System: Local citizens provided evidence and made
decisions under oath, laying the foundation for the modern
jury system.
2. Magna Carta (1215):
o A seminal document that established key legal principles and curbed
the king’s arbitrary powers.
o Specific provisions laid the groundwork for centralized courts:
Court of Exchequer: Taxes.
Court of King’s Bench: Cases involving the Crown.
Court of Common Pleas: Private disputes, not relevant to king
3. Nature and Characteristics of Early Common Law
Foundation in Custom:
o Common law evolved from long-standing customs. Judges declared
existing customs rather than creating entirely new laws, following
the "declaratory theory" of law.
Limited Jurisdiction:
o Access to justice required a royal writ (breve), a formal command
from the King to hear a case.
o Examples of writs:
Writ of Debt: For financial disputes.
Writ of Trespass: For unlawful acts causing harm (e.g., vi et
armis, acts of force).
Importance of Procedure:
o Legal maxim: Ubi remedium, ibi ius (Where there is a remedy, there
is a right).
o The focus was on ensuring a procedural framework to resolve
disputes effectively.
Case Law and Precedent:
o Early cases established the doctrine of stare decisis (to stand by
decisions), where judges followed past rulings to ensure consistency
in law.
, 4. Reasons for the Development of Common Law
Feudal Law:
o The King owned all land, leading to disputes over land possession
versus ownership.
Taxes and Fees:
o Common law streamlined the administration of taxes, benefiting the
Crown financially.
Efficient Justice Administration:
o Centralized courts improved access to justice and provided
predictable outcomes.
5. Innovations in Procedure
Statute of Westminster (1285):
o Introduced nisi prius procedures, allowing cases to be heard locally
before being sent to central courts.
Bukton v. Tounesende (1348):
o An early example of "trespass on the case," expanding remedies to
cases not explicitly covered by existing writs.
II. Development of Equity
1. Issues with Common Law:
o Inflexibility (Provisions of Oxford 1258 limited new writs).
o Procedural hardship.
o Limited remedies (e.g., only monetary damages).
2. Equity’s Role:
o Introduced by the Lord Chancellor for fairness (conscience-
based decisions).
o Foundation: ‘conscience’
o New remedies: Injunctions, trusts, and specific performance.
o Characteristics: Case law:
Bukton v. Tounesende (1348): Expanded remedies through
"trespass on the case."
Earl of Oxford Case (1615): Equity prevails in conflicts with
common law.
III. Reforms of the 19th Century
1. Problems with Pre-Reform System:
o Overlapping jurisdictions of common law and equity courts.
o Complexity and rigidity of the precedent system.
o Delays in Chancery courts.
2. Judicature Acts (1873–1875):
o Unified courts into a single High Court with three divisions:
Queen’s Bench (common law).
Chancery division (equity).
Family division: Family-related disputes
o Allowed courts to apply both common law and equity.
o Writ-system abolished -> now writ of summons
3. Significant Case Law:
o Priestley v. Fowler (1837): Established limitations on employer
liability.
o Bentham on Dog Law: Critiqued inflexible case law.
, Lower Courts:
1. Magistrates’ Courts (Approximately 1,000):
o Handle petty crimes like traffic offenses and minor thefts.
o Deal with some family law matters, such as adoption orders and
custody hearings.
2. Crown Courts (Approximately 100):
o Responsible for serious crimes, including murder, rape, and
robbery.
o Hear appeals from Magistrates’ Courts and conduct jury trials for
indictable offenses.
3. County Courts (Approximately 270):
o Deal with smaller private claims, such as those involving tort and
contract disputes.
o Focus on civil cases, often involving individuals or small businesses.
Supreme Court of the United Kingdom (London):
Established in 2009, replacing the appellate function of the House of
Lords.
Acts as the highest court of appeal for civil and criminal cases across
England, Wales, Northern Ireland, and Scotland (for certain cases).
IV. Statutory Law
1. Relation with Common Law:
o Statutes supplement common law but are supreme (Parliamentary
sovereignty).
o Interpretation methods:
Literal Rule: Plain meaning (Fisher v. Bell [1961]: Display of
goods not an offer).
Golden Rule: Avoids absurd outcomes (R. v. Allen [1872]:
Interpretation of "marriage").
Mischief Rule: Remedying defects in law (Heydon’s Case
[1584]).
2. Key Case Law Examples:
o Corkery v. Carpenter (1951): "Carriage" includes bicycles for legal
purposes.
Week 1 & 2
Common Law Overview
Definition: A legal system originating in England, characterized by case
law, judicial precedent (stare decisis), and a mix of common and statutory
law.
Timeline:
o 1050–1500: Formation of common law.
o 19th Century: Major reforms.
o Modern Developments: Integration with statutory law and the
doctrine of precedent.
I. Development of Common Law (1050–1500)
1. Origins:
o Pre-1150: Local courts governed by local laws.
o 1066: William the Conqueror centralized justice under the Curia
Regis (king’s Court).
o Post-1150: Establishment of common law under Henry II (1133–
1189) with innovations like:
General Eyre: Itinerant judges traveled circuits to hear cases
across the kingdom.
Courts of Assizes: Regional courts held by royal judges.
Jury System: Local citizens provided evidence and made
decisions under oath, laying the foundation for the modern
jury system.
2. Magna Carta (1215):
o A seminal document that established key legal principles and curbed
the king’s arbitrary powers.
o Specific provisions laid the groundwork for centralized courts:
Court of Exchequer: Taxes.
Court of King’s Bench: Cases involving the Crown.
Court of Common Pleas: Private disputes, not relevant to king
3. Nature and Characteristics of Early Common Law
Foundation in Custom:
o Common law evolved from long-standing customs. Judges declared
existing customs rather than creating entirely new laws, following
the "declaratory theory" of law.
Limited Jurisdiction:
o Access to justice required a royal writ (breve), a formal command
from the King to hear a case.
o Examples of writs:
Writ of Debt: For financial disputes.
Writ of Trespass: For unlawful acts causing harm (e.g., vi et
armis, acts of force).
Importance of Procedure:
o Legal maxim: Ubi remedium, ibi ius (Where there is a remedy, there
is a right).
o The focus was on ensuring a procedural framework to resolve
disputes effectively.
Case Law and Precedent:
o Early cases established the doctrine of stare decisis (to stand by
decisions), where judges followed past rulings to ensure consistency
in law.
, 4. Reasons for the Development of Common Law
Feudal Law:
o The King owned all land, leading to disputes over land possession
versus ownership.
Taxes and Fees:
o Common law streamlined the administration of taxes, benefiting the
Crown financially.
Efficient Justice Administration:
o Centralized courts improved access to justice and provided
predictable outcomes.
5. Innovations in Procedure
Statute of Westminster (1285):
o Introduced nisi prius procedures, allowing cases to be heard locally
before being sent to central courts.
Bukton v. Tounesende (1348):
o An early example of "trespass on the case," expanding remedies to
cases not explicitly covered by existing writs.
II. Development of Equity
1. Issues with Common Law:
o Inflexibility (Provisions of Oxford 1258 limited new writs).
o Procedural hardship.
o Limited remedies (e.g., only monetary damages).
2. Equity’s Role:
o Introduced by the Lord Chancellor for fairness (conscience-
based decisions).
o Foundation: ‘conscience’
o New remedies: Injunctions, trusts, and specific performance.
o Characteristics: Case law:
Bukton v. Tounesende (1348): Expanded remedies through
"trespass on the case."
Earl of Oxford Case (1615): Equity prevails in conflicts with
common law.
III. Reforms of the 19th Century
1. Problems with Pre-Reform System:
o Overlapping jurisdictions of common law and equity courts.
o Complexity and rigidity of the precedent system.
o Delays in Chancery courts.
2. Judicature Acts (1873–1875):
o Unified courts into a single High Court with three divisions:
Queen’s Bench (common law).
Chancery division (equity).
Family division: Family-related disputes
o Allowed courts to apply both common law and equity.
o Writ-system abolished -> now writ of summons
3. Significant Case Law:
o Priestley v. Fowler (1837): Established limitations on employer
liability.
o Bentham on Dog Law: Critiqued inflexible case law.
, Lower Courts:
1. Magistrates’ Courts (Approximately 1,000):
o Handle petty crimes like traffic offenses and minor thefts.
o Deal with some family law matters, such as adoption orders and
custody hearings.
2. Crown Courts (Approximately 100):
o Responsible for serious crimes, including murder, rape, and
robbery.
o Hear appeals from Magistrates’ Courts and conduct jury trials for
indictable offenses.
3. County Courts (Approximately 270):
o Deal with smaller private claims, such as those involving tort and
contract disputes.
o Focus on civil cases, often involving individuals or small businesses.
Supreme Court of the United Kingdom (London):
Established in 2009, replacing the appellate function of the House of
Lords.
Acts as the highest court of appeal for civil and criminal cases across
England, Wales, Northern Ireland, and Scotland (for certain cases).
IV. Statutory Law
1. Relation with Common Law:
o Statutes supplement common law but are supreme (Parliamentary
sovereignty).
o Interpretation methods:
Literal Rule: Plain meaning (Fisher v. Bell [1961]: Display of
goods not an offer).
Golden Rule: Avoids absurd outcomes (R. v. Allen [1872]:
Interpretation of "marriage").
Mischief Rule: Remedying defects in law (Heydon’s Case
[1584]).
2. Key Case Law Examples:
o Corkery v. Carpenter (1951): "Carriage" includes bicycles for legal
purposes.
