Definition And History Of Case Law

1642 Words Dec 13th, 2016 7 Pages
Introduction
Within this assignment, the definition and history of case law will be clearly explained. Equity and custom will also be given a definition. It is important to understand these definitions before discussing a few of the equitable maxims. A brief description about the jurisprudence of the European Court of Human Rights and the impact it has will also be included in this assignment. In relation to case law, the European Courts of Justice and the hierarchy of the courts will be discussed so a better understanding can be created about the role of case law.
Case Law
Case law can be described as the law that was produced by judges when deciding disputes in court. When judges are challenged with interpreting statutes, they will look at similar cases from the past and apply the same law to the case brought before them today. James Holland defines case law as “the term we use to describe the collection of all the legal principles emanating from all the reports cases on a given topic.” Law created in this way is also referred to as ‘Common law’. Common law is law that is common to England and is applied throughout the country. Sir William Blackstone gave his own definition of common law by stating that “common law, properly so called” is “unwritten law”.
History of Common Law
“Before the Norman Conquest in 1066, there was no single system of law that was common to the whole of the country.” Instead, there were different systems of law, such as Wessex Law and…

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