Origin Of Common Law
When was common law created?
During King Henry II time as King. (1154-1189)
What principle underlies the rule of precedent in Common Law?
Stare decisis. (Stand by things decided.)
How has Canada's colonial history influenced its current legal system?
Many legal principles and traditions are inherited from British Common Law.
How did the level of intent affect punishments in early Common Law?
More severe punishments were often given for crimes committed with greater intent or malice.
What event in the 11th century led to the development of Common Law in England?
The Norman Conquest.
Which group of individuals were authorized by King Henry II to travel and adjudicate disputes?
Circuit Judges
How has Common Law impacted Canadian judicial decisions and legal practices?
It has established precedents that guide legal reasoning and consistency.
What method was historically used to determine guilt or innocence by subjecting individuals to physical tests?
The trial by ordeal.
Which English monarch established the system of circuit judges to enforce uniform legal principles?
King Henry II
How did Common Law’s development impact social power structures in medieval England?
It helped to formalize legal protections and reduce arbitrary rule, impacting social hierarchies.
Which Canadian province follows a legal system different from the rest of Canada?
Québec
How has the concept of justice evolved from historical practices to modern legal systems?
Modern systems focus more on rehabilitation and proportional punishment rather than physical retribution.
How did King Henry II's reforms influence the consistency of legal decisions?
By standardizing legal practices through traveling judges and recorded decisions.
What is the term for Canada’s dual legal system that includes both Common Law and Civil Law?
Bijuralism
What was the primary goal of King Henry II’s legal reforms?
To bring fairness and consistency to the legal system.