Data

Copy and paste the text below. It is read-only. Select All

English Laws Act 1854 NZ directly inherited the laws of England up to14 January 1840 Origins of Common Law Gradually developed in the court of village shires. Decisions were splintered as customs-based and these differed from region to region until 1066 successful invasion of England by William the Conquerer - first absolute Monarch led to law being consistent or common (same rules applied) hence the name. William the Conquerer King of the Normans, lived in Northern France. First absolute monarch - conducted first successfull invasion of England in 1066. Henry II Improved the royal court structure and transformed the jury system into the one used today. The writ system began to play a vital role during his reign. Writ A special document issued by the court by request (petition) enabling a specific action to occurr. Originally quite flexible but became quite rigid. Writ of Habeas Corpus Required authorities to bring an imprisoned person before the court. i.e. no writ - tough luck. Developed the need for Lawyers -Barristers (advocates) and Solicitors (organised cases and day to day legal matters) Edward I (Henry II great-grandson) Introduced Model Parliament 1295 (NZ Parliament is based) which later (mid 1600's) became most powerful institution in England. Magna Carta formally incorporated during his reign. Magna Carta (beginning of democracy) Signed by King John in 1215. Formerly incorporated into Legislation in 1297. Compact between the King and nobilitywho wanted more power namely consultation over taxation, right to be tried before a jury of peers and a role in national decision making. Remains part of the NZ legal system (Imperial Laws Application Act 1988) Imperial Laws Application Act 1988 Magna Carta formally exists in Clause 29 of this act and can still be enforced in a NZ court today. Statute of Westminster 1275 Also part of our law, introduces the rule of law into legislation. Oldest piece of legislation in the NZ system. Clause 1 "common right be done to all, as well poor as rich, without respect of persons" Act of Supremacy 1534 Made Henry the VII the head of the church and required citizens to swear the Oath of Supremacy recognising his new powers. The Petition of Rights 1627 Precursor to Bill of Rights. Petitioned King to desist from raising taxes without Parliaments consent, from breaching civil liberties through arbitrary arrest and the imposition of martial law. Habeas Corpus Act 1640 First act to enshrine rights of accused people after arrest. Bill of Rights Act 1688 Signed by William III gauranteeing the rights and powers of Parliament and protecting important personal liberties. Made England a constitutional monarchy. Prevents the monarchy from suspending laws and raising taxes without parliamentary consent. Subjects have the right to petition the monarch and bear arms. Parliamentary Procedure is protected, including free elections and freedom of speech within Parliament. Aspects of due process are also protected, including provisions against excessive bail, torture and the bullying of jurors. Used successfully as a precedent in Fitzgerald vs Muldoon. Court of the Kings Bench Dealth with cases involving the Crown. Court of Common Pleas Dealt with cases between private individuals or groups. Court of Admirality Dealt with maritime matters Court of Exchequer Dealt with taxation issues Court of Chancery Based on maxims of equity rather than common law precedent court arising as an alternative to the inflexible common law e.g no writ too bad. English Judicature Acts 1873 and 1875 Created a Supreme Court fusing the administration of common law and equity. Reformed and streamlined the British court system. Maxims of Equity Equity regards as done what ought to be done Equity will not suffer a wrong to be without a remedy Equity delights in equality One who seeks equity must do equity One who comes into equity must come with clean hands Bushell's Case 1670 Established the right of the jury to be free from Judicial coercion and was established that a judge cannot coerce a jury into reaching a particular verdict. Jury foreman Edward Bushell successfully took matter to Common Pleas after his jury was locked up without food until they returned a guilty verdict. Entick v Carrington 1765 Upheld the right of individuals to be free from unreasonable search and seizure by the state - a right found in Section 21 of BORA 1990 Carlill v Carbolic Smoke Ball Co. 1893 established the necessary requirements for contract formation i.e. a contract must include an offer, acceptance and consideration. By buying and using the product Ms Carlill had accepted this offer and consideration provided in the form of gain for the company and inconvenience to Mrs Calill using it 3 times a day. Salomon v Salomon 1897 House of Lords case confirmed the separate legal entity of the limited liability company. Bootmaker, Aaron Salamon's limited liability company Salamon and Co was viewed as a separate legal entity when his company went into liquidation protecting his assets. A limited liability company is still a separate legal personality as seen in New Zealand Companies Act 1993 Donoghue v Stevenson 1932 Created the modern tort of negligence - defined as when someone has a foreseeable duty of care to another, breaches that duty, causing a loss of some kind. She found a snail in her ginger beer. Wolmington v Director of Public Prosecutions 1935 Criminal law decision clearly affirming the right of the defendant to be presumed innocent until proven guilty. Initially found guilty of murdering his wife and judges' stressed in subesquent appeals onus on defendant to prove innocence. House of Lords quashed the conviction upholding the right of all people to be innocent until proven guilty.