English Case Law - Common Law

Common Law

Since 1189, English law has been described as a common law rather than a civil law system (i.e. there has been no major codification of the law, and judicial precedents are binding as opposed to persuasive). This may have been due to the Norman conquest of England, which introduced a number of legal concepts and institutions from Norman law into the English system. In the early centuries of English common law, the justices and judges were responsible for adapting the Writ system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g. the Law Merchant began in the Pie-Powder Courts (a corruption of the French "pieds-poudrés" or "dusty feet", meaning ad hoc marketplace courts). As Parliament developed in strength legislation gradually overtook judicial law making so that, today, judges are only able to innovate in certain very narrowly defined areas. Time before 1189 was defined in 1276 as being time immemorial.

Read more about this topic:  English Case Law

Famous quotes containing the words common and/or law:

    No testing has overtaken you that is not common to everyone. God is faithful, and he will not let you be tested beyond your strength, but with the testing he will also provide the way out so that you may be able to endure it.
    Bible: New Testament, 1 Corinthians 10:13.

    You’ve just fulfilled the first role of law enforcement. Make sure when your shift is over you go home alive.
    David Mamet, U.S. screenwriter, and Brian DePlama. Jimmy Malone (Sean Connery)