Development of the English Legal Courts
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The paper disucsses how, by examining the history of English courts from the Norman Conquest of 1066, one is able to see that despite the order they purportedly followed there was actually little order in the system itself. It looks at how the processes and influences which were largely responsible for the developments of the courts were generally ones regarding the inefficiency or inability of other courts to function in a just manner.The paper further examines how as time progressed and reforms were made, order in the English Court system began to occur, leading to a system today in which all courts systematically work and complement each other.
From the Paper:"By the 19th century, reforms of the English Court system were needed more than ever. The legal system was unsatisfactory, needing remedies and statutes that would give more power to the courts. One such reform was the combination of the courts of common law and the courts of equity into one court by way of the Judicature Act 1873. This stopped resolved inconsistencies which had existed for centuries between both systems. The Customary Courts by this time had been replaced by County Courts and brought into line with the rest of the courts. Social changes also led for developments in the courts, with a Probate Court and a Divorce Court both branching off the Ecclesiastical Courts. The necessity for appeals in criminal cases led to the establishment of a court for crown cases, which heard cases given to them by judges to look over in 1840. However, it was not until 1876 when convicted criminals could appeal their case themselves. The House of Lords was also regularised in 1876 when laws were passed stating that only Lords with legal knowledge or standing could be present in legal cases. It is also important to note, that of the various conciliar courts created only three have survived to this date in some form. "
Sample of Sources Used:
- Baker, JH An Introduction to English Legal History (4th ed, Butterworths, London, 2002)
- Milson, SFC Historical Foundations of the Common Law (2nd ed, Butterworths, London, 1981)
- Scragg, RJ Principles of Legal Method in New Zealand (2nd ed, Oxford University Press, Victoria, 2009)
- Spiller, Peter, Finn Jeremy and Boast, Richard A New Zealand Legal History (2nd ed, Brookers, Wellington, 2001)
Cite this Term Paper:
Development of the English Legal Courts (2012, October 11) Retrieved November 26, 2020, from https://www.academon.com/term-paper/development-of-the-english-legal-courts-151829/
"Development of the English Legal Courts" 11 October 2012. Web. 26 November. 2020. <https://www.academon.com/term-paper/development-of-the-english-legal-courts-151829/>