What, Where, When
This legal system used past decisions to guide future cases
Common law
What is a fief?
The land that is being granted by a Lord to a Vassal
What is the 1215 document that established that even the monarch must obey the law?
Magna Carta
Approximately how much % of Canadian land is privately owned?
11%
What is the meaning of stare decisis?
This Latin term means “to stand by things decided.”
His system involved giving land for loyalty and service
Feudalism
What ceremony bound a Lord and Vassal?
The Commendation Ceremony
This part of the Magna Carta protects people from being imprisoned without a lawful judgment or fair trial
Clause 39
Approximately what percentage of land in Canada is owned by the Crown today?
89%
What is a writ?
A formal written order from a court or king to command someone to do or stop doing something
Common law developed in this country
England
In Common Law, how were judicial decisions made?
Through applying precedents/coming to the same decision as past cases that were similar.
This reform by King Henry II created juries of 12 local men and moved serious crimes to royal courts.
Assize of Clarendon
In modern Canada, who manages Crown land on behalf of the public?
Federal or provincial governments
What is the order that decisions follow in Canada’s courts?
Supreme Court of Canada → Court of Appeals → Trial/Lower Courts
This 1066 event made feudalism important in England
Norman conquest
What were the 3 Manorial Courts called?
The Court of Honour, The Court Baron, The Court Customary
This medieval method of justice used hot iron or boiling water because people believed God would show who was innocent
Trial by ordeal
How did the basis of “taxes” change from feudal times to modern democratic governments?
Feudal payments were based on social status, while modern taxes are based on equity and fairness set by elected governments.
What is the purpose of precedent in Canadian law?
It keeps the law fair, predictable, and consistent
Feudalism developed after the fall of this empire
Western Roman Empire
What was the problem with Feudal Law?
It produced inconsistencies because the system was decentralized
How does the government’s power to take land today differ from a king’s power in feudal times?
Today, land can only be taken under eminent domain with specific legal criteria and fair market value compensation, whereas in feudal times, the king could take land at will without compensation.
What is a similarity between medieval common law and modern Canadian courts?
In both historical and modern systems, lower courts must follow rulings from higher courts to maintain consistency.