Equity II
Following
the Norman conquest of England local laws (which later became known as common
law), these were not laws that were created but rather preexisting laws that
were incorporated, laws that existed during the Roman occupation of the British
Isles, most of which were ecclesiastical based or founded on church law (canon
law), historically English Law or English Common Law had the principles of the
Christian Church as its cornerstone, were enforced by the King’s Council and
that led to the emergence of the Royal Courts.
The
Royal Courts began to take over the function of the local courts, or the
preexisting adjudicating mechanism. It was a process that occurred over a
period of time and a practice of sending judges around to hold assizes or
sittings locally, to hear the cases and to ensure that all cases were decided
in accordance with the law, was created.
Trials
per se were adversarial and both parties were given the opportunity to prove
their case or disprove the other and that transfer of authority from the hands
of the local courts to that of the assize judges occurred over a period of two
hundred years.
Copyright
© 2019 by Dyarne Jessica Ward
Comments
Post a Comment