Common law system
Common-Law


Origin and history
nbirth of common law system = long history
nthe Norman Kings sent travelling judges around the country
nbefore 1066 no law was common (law administrated by local cours)
nancient customs are step by step replaced by uniform application of law

William of Normandy
Plantagenet,WilliamI01


Doctrine of precedent
njudges applied existing customs
ncentral feature of modern law systém
ncourts are bound by the decision of previous courts unless it differs
ngovernments may make new laws – to modify or clarify common law
nnew interpretation – new precedent

Equity
nimportant subsystem in common law system
nlaw is to be „equitable“
nequity fills the gap in law, where is no opportunity to apply the common law
nlord chancellor – legal administration
nthe courts of common law and of equity existed alongside each other
nnowadays equity and common law works together

Evolution
nbeginning actions in different courts (2 systems of justice – 1873 – unification, lawyer can
follow common law and equitable claims
nlegislation has become the most important source of new law
ngovernment contributes to revise and clarify the common law by new legislation
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Spread of common law
1.widespread influence of Britain in the world (trade with other countries…)
2.growth of british former colony – the USA
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njudges cannot support their decisions by cases from another country, but it is permissible for a
judge to note such evidence in giving an explanation

Common law on the Earth
Common-Law


Summary
norigin in England
nrole of judges is very different from the role in our country
nthey make as well as apply the law
naccent on other sources of law (precedents, customs…)
ncommon law system may be more flexible but less resistant to licence of judges

commonlaw



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