Nature and Origins
of Common Law
of Common Law
Should be from the spirit of the people and not an imposition from above
What is law?
A system of social ordering that consisted of a huge pyramid; the king at the top of said pyramid.
What is Feudalism?
What is Canon Law?
Listed factors that may lead to the the contribution of shaping the American Common Law including Germanic Legal Institutions, Feudal Law, and Puritanism
Who is Roscoe Pound?
Authoritatively imposed a command from the sovereign king or monarch
What is Roman Law?
What is a fief?
Basis for anoiting powers of the Pope during the medieval period when the latter came to exercise political power.
What is Constitutional Law?
Oldest and most prominent statute of the realm
They emphasized on individual responsibility and the belief in a covenant before God and individual interests and property contributing to the development of “ultra-individualism,” which became a focal point of jurisprudence.
What are Puritans?
What is inductive logic?
Conceptualized when the Imperium became dominium that which belonged to the people became property of the king
What is the Regalian Doctrine?
A book that was to give law to manking for a long time to come observed by the Maitland, which was a product of forgery.
What is Hispana?
Revolutionizes legal education and led to the professionalization of law practice
Who are the Inns of Court?
The Common Law of the United States had to deviate from this country due to the unique circumstances in America
What is the England?
Like our Malay and Indonesian Ancestors who experienced parallelism in terms of history; treated as heathens and conquered by European powers
Who are the Anglo-Saxons?
Norman Kings preserved a number of institutions which were advantageous to the King
What is Public Law?
A canon law in origin, succeeded to insert itself into the confines of the common law on the premise that the things in litigation where done on high seas where no jury could be summoned.
What is the Law of Admiralty?
The development of the English Common Law involved the incorporation of local customs into the law over time throug this legal device.
What is a writ?
Led to the founding of their sect and their emigration to New England, where they influenced law and politics, emphasizing individual responsibility before God and relied on reason.
What is the conflict between the Puritans and the Established Church?
What is the Catholic Church?
The courts developed it in the 12th century and became the customary law from Northern France.
What is Private Law?
What is a Law Merchant?
The person who began providing direct relief to litigants whose complaints were not recognized by the common law.
Who is the Chancellor?
Developed from various influences and has undergone changes to adapt to the changing needs of society
What is American Common Law?