- •1. State and government of great britain
- •2. Government of great britain
- •3. The congress at work
- •4. The political system of the usa
- •5. The american political system
- •6. The political system of ukraine
- •7. The constitution of the usa
- •8. Amendments of the american constitution
- •9. The house of commons and the electoral system
- •10. The parliamentary parties
- •11. The major political parties
- •12. The work of parties
- •13. Judiciary in great britain - criminal proceedings
- •14. The court system of england and wales
- •15. The crown prosecution service (cps) – past event
- •16. The crown prosecution service (cps) – nowadays
- •17. Presenting cases in court
- •18. Legal professions in great britain
- •19. Work in the court
- •20. Solicitors
- •21. Barristers
- •22. Attorneys in the usa
- •23. Law enforcement in great britain
- •24. The home secretary
- •25. The police authority
- •26. The legal system in the united kingdom
- •27. The constitution and jurisdiction of the uk
- •28. How are laws made in the uk?
- •29. Passing an act
- •30. The work of barristers
- •31. Law of japan
- •32. History of japanese law
- •33. Historical development of japanese continental system
- •34. Japanese continental system
- •35. Common law system
- •36. Common law
- •37. Common-law courts
- •38. Court system
- •39. The early royal courts in england
- •40. King's bench or queen's bench
- •III. Fill in the blanks with the appropriate grammar form(s).
- •IV. Find the proper Ukrainian equivalent to the underlined law term(s).
- •V. Fill in the blanks with the appropriate word.
36. Common law
1. Anglo-American common law traces its roots to the medieval idea that the law as handed down from the king's courts represented the common custom of the people. . It was developed gradually from three English Crown courts of the twelfth and thirteenth centuries.
2. These courts eventually assumed jurisdiction over disputes previously decided by local or manorial courts, such as baronial, admiral's (maritime), guild, and forest courts, whose jurisdiction was limited to specific geographic or subject matter areas.
3. Equity courts, which were instituted to provide relief to litigants in cases where common-law relief was unavailable, also merged with common-law courts.
4. This consolidation of jurisdiction over most legal disputes into several courts was the framework for the modern Anglo-American judicial system.
5. Early common-law procedure was governed by a complex system of Pleading, under which only the offenses specified in authorized writs could be litigated.
6. Complainants were required to satisfy all the specifications of a writ before they were allowed access to a common-law court. This system was replaced in England and in the United States during the mid-1800s.
7. A streamlined, simplified form of pleading, known as Code Pleading or notice pleading, was instituted. Code pleading requires only a plain, factual statement of the dispute by the parties and leaves the determination of issues to the court.
Choose one paragraph from the following reading that best suits each statement.
37. Common-law courts
1. Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments. Where a statute governs the dispute, judicial interpretation of that statute determines how the law applies.
2. Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law.
3. Common-law judges find the grounds for their decisions in law reports, which contain decisions of past controversies. Under the doctrine of Stare Decisis, common-law judges are obliged to adhere to previously decided cases, or precedents, where the facts are substantially the same.
4. A court's decision is binding authority for similar cases decided by the same court or by lower courts within the same jurisdiction.
5. The decision is not binding on courts of higher rank within that jurisdiction or in other jurisdictions, but it may be considered as persuasive authority.
6. Because common-law decisions deal with everyday situations as they occur, social changes, inventions, and discoveries make it necessary for judges sometimes to look outside reported decisions for guidance in a case of first impression (previously undetermined legal issue).
7. The common-law system allows judges to look to other jurisdictions or to draw upon past or present judicial experience for analogies to help in making a decision.
Choose one paragraph from the following reading that best suits each statement.