Common Law Forms of Pleading: Writs
In the legal practice that emerged in royal courts under Henry II any case had to fit into a narrowly defined form of pleading usually called a "writ". By the time of Henry III the number of such writs had grown to over 500, but even that many did not cover all the possible claims that people sought to make.
The Provisions of Oxford in 1258 forbade the royal clerks to create any new writs. The result of this was that the courts began to adopt "fictions" such as imaginary parties or actors so that the facts of a case could be fit within one of the established forms, and the Writ of Trespass came to become the catchall form for most claims.
It is important to understand that, unlike much current practice, the writs of pleading were not court orders granting relief but the summons, prepared by the plaintiff, filed with the court, and served on the respondent.
Read more about this topic: Legal Practice, England From Henry II
Famous quotes containing the words writs, common, law and/or forms:
“I spent my life mixin’ with your breed, and I don’t like it. Get me. You can hide behind a lot of red tape, crooked lawyers and politicians with the gimmes, writs of habeas corpus, witnesses that don’t remember overnight, but we’ll get through to you, just like we got all the rest.”
—Ben Hecht (1893–1964)
“I confess my belief in the common man.... The man who is swimming against the stream knows the strength of it.... The man who is in the melee knows what blows are being struck and what blood is being drawn.”
—Woodrow Wilson (1856–1924)
“There is all the difference in the world between the criminal’s avoiding the public eye and the civil disobedient’s taking the law into his own hands in open defiance. This distinction between an open violation of the law, performed in public, and a clandestine one is so glaringly obvious that it can be neglected only by prejudice or ill will.”
—Hannah Arendt (1906–1975)
“The poet’s eye, in a fine frenzy rolling,
Doth glance from heaven to earth, from earth to heaven;
And as imagination bodies forth
The forms of things unknown, the poet’s pen
Turns them to shapes, and gives to airy nothing
A local habitation and a name.”
—William Shakespeare (1564–1616)