Law 3101A/B Study Guide - Quiz Guide: French Revolution, Legal Certainty, Scots Law
16 Oct 2018
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Consisted of local customary law, roman law didn"t affect english law to large extent unification: - royal representatives travelled through country + administered the law. Royal justices applied the same law = common law of. Common law is a uniform: same rules are applied in the same way. Curia regis: - king"s court = law had to apply uniformly all over the country legal reasoning: - stare decisis -> stand by your decision. Court decided a case, others have to decide in same way future cases. = reasoning by analogy to previous cases = case based reasoning. Blackstone: the decisions courts of justice take are the evidence of what is common law . Equity: - judge-made law by reconsideration of a case. Court of chancery developed a branch of law = equity (from curia regis) Consists of body of rules and principles. Aimed at obtaining fair results (kind of exception to common law) Law of trusts was developed in equity.
