- develops slowly over time out of custom, royal charters, legislation, and judical precedent.
- Henry II King of England, known as the father of common law
- is a huge influence on American Law
- there are 3 common law courts: Kings Bench, Court of Common Please, and court of exchequer
Englishmen believed this was a protection against the rich and powerful
Common Law Rights
-Trial before a neutral judge and jury-The guarantee that life, liberty, and property could only be taken through proper egal means-Right to know the charges against you-The rule that people are innocent until proven guilty-The right to consul and to present witnesses of your behalf
Common Law Courts
-Kings Bench: tried for crimes
-Courts of Common Pleas: dealt with
disputes over property and personal injury-- ruled over by juries-- grand jury and justice of the peace
-Court of Exchequer: dealt with tax disputes
the great charter of 1215
King John and the Barons of England
applied to all people-- the king is NOT above the law
deals with limiting the kings power
englishmen believed that the rights of common law were garunteed in this document
in the beginning. it was
about protecting the rights of the aristocracy, not the people
Sir Edward Coke
published Institutes of the Common Law-- which was in a sense the foundation of our law
was chief justice of the kings bench
The "Ancient Constitution"
was a myth in which the anglo saxons lived under perfect freedom until the French brought the danger and the power of the King in 1066
people believed that the Maga Carta was a reestablishment of this Ancient Constitution
English Civil War
hostility between KIng Charles I and parliment over who has what power in the kingdom-- who controlled courts?who was the souce of the law?
led to the trial and execution of Charles I
established the precedent that an English monarch cannot govern without Parliament's consent-- but not offically established until the glorious revolution
Leader of Parliment
overthrew the English monarchy and temporarily turned England into a republicanCommonwealth, and served as Lord Protector of England.
made pleas for religious tolerance, freedom of the press, legal reform, and a more democratic government
people are sick of the instability and after his death, the monarchy is reestablished
Declaration of Liberty of Conscience
the document from King James stating there be religion freedom and tolarance.
People were scared of being taken over by Catholicism. Parliment demanded it be recalled.
When James refused the Whigs invited William and Mary to take the throne and save England.
the Whigs were the opponants of this declaration.
Glorious Revolution (Bloodless Revolution)
William and Mary took the English throne
before they were crowned they had to agree to a declaration of rights (english Bill of Rights)-- the king was forbidden to act against parliment, established that the king was subject to common law, and citizens had right to trial by jury
Declaration of Rights (English Bill of Rights)
englishmen could not be deprived of thier rights without consent from parliment
parliment had supremacy over the monarchy
paliment was required to meet on a regular basis
no catholic could take the throne
king could not make or dispense laws/levy taxes without parliments premission
affirmed the rights of Habeus Corpus
abolished fines/curl and unusual punishment
king can have NO standing army
this sets the foundation for the Bill of Rights used in America
Act of Settlement
was passed to settle the succession to the English throne regarding the Hanover line and her Protestant heirs.
formally confirmed the practice of holding royal ministers responsible for royal acts.
Made the chief ministers of government responsible for parliment,
made judiciary independant by giving judges lifetime tenure unless guilty of misconduct.
was an Act for the further Limitation of the Crown and better securing the Rights and Liberties of the Subject
father of liberalism
was for supreme legislative
wanted seperation of church and state
thought you should exchange natural liberty for civil liberty
believed no one could take away life and liberty
also wrote the second treatise of civil government
outlined the relationship of the colonies to the mother country.
were a series of laws that restricted the use of foreign shipping for trade between England and its colonies
goal was to stop direct colonial trade with the Netherlands, France and other European countries
wanted all imports to go through Britian first-- to ensure the colonies are paying import taxes
Dominion of New England
1686-1689 (17th century)
the 13 colonies called for no taxation without representation
they rejected legislation imposed on them by parliment because they were not represented in Britian
George Grenville defended all the taxes by arguing that the colonists were virtually represented in Parliament so taxing was justified
it was argued that parliament spoke for the interests of all British subjects rather than for the interests of only the district that elected them.
series of Acts that regulated paper money issued by the colonies
The policy created tension between the colonies and Great Britain
The acts sought to protect British merchants and creditors from being paid in depreciated colonial currency.
The Mutiny Acts were a series of annual acts passed by the Parliament of England, the Parliament of Great Britain, and the Parliament of the United Kingdom for governing the British Army.
The first Mutiny Act was passed in 1689 in response to the mutiny of a large portion of the army which stayed loyal to James II upon William III taking the crown of England.
passed by parliment
named after charles townsend
point was to raise revenue in the colonies to pay the salaries of governors and judges so that they would be independent of colonial rule
to create a more effective means of enforcing compliance with trade regulations,
to punish the province of New York for failing to comply with the 1765 Quartering Act,
to establish the precedent that the British Parliament had the right to tax the colonies
is an ideology of a nation where the head of the state is appointed by election rather then by heredity
power comes from the people
equal opportunity, not social equality
written by TJ
prohibits slavery in the Northwest territory
this ordinance created the first organized territory in the US that was south of the great lakes, north and west of the ohio river, and east of the mississippi
really set the precedents for the identification of free and slave states
1786-1789 (18th century)
was an armed uprising in central and western Mass.
began over financial issues
states were taxing land, farmers couldnt pay so the states began forclosing thier property.
Daniel Shay led farmers to the arrsenal in Mass. and closed courts
put down by the maltia
is a forerunner to the constitutional convention
represtatives from the colonies come together to fix/reorganize the articles of confederation
the leading group were the nationalists who wanted a strong cental government, ect.
virginia plan was the framework for the convention
leads to the creation of the US Constitution
compromise between Southern and Northern states reached during the Philadelphia Convention
three-fifths of the population of Slaves would be counted for Representation purposes regarding both the distribution of taxes and the apportionment of the members of the house
a set of electors who are selected to elect a candidate to a particular office
the framers did not trust an average everyday person to pick people to hold powerful positions in the government