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  • The English Legal System and English Law

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    This page has a large collection of resources which together explain the history of the British legal system from the early manorial courts to the present day.

    Courts were not only responsible for the delivery of punishment, but also dealt with land disputes, divorce and other legal arguments.

    There is a useful list of legal definitions and resources for exploring the differences in the legal systems of other nations.

    Also see Crime and Punishment.

    For information about the Police, see The Police.

    Miscellaneous

    • A History of Punishment From 1750-1900


    • Juvenile Crime in the 19th Century


    • The System of Criminal Prosecution in the 19th Century


    • Waugh's List - Historic Serious Crime and Victim Index


    • History of Divorce


    • Family History on line - More About Probate Records


    • Probate Records and Family History


    The English Legal System and English Law

    • History of the Judiciary


    • History of Justices of The Peace (Magistrates)


    • Another History of Justices of The Peace


    • Ancestors and The Law


    • Medieval Legal History


    • The Nature of Courts and The Law Before 1176


    • English Legal History 12th-14th Century


    • The Bill of Rights, 1689


    • Blackstone's Commentaries on The Laws of England, 1765-1769


    • Common Law in Medieval England


    • History of The Criminal Court Circuits


    • A History of Crime and Punishment


    • Crime and Punishment 1790-1870


    • Victorian Crime and Punishment


    • Poverty and Juvenile Crime


    • The System of Criminal Prosecution in the 19th Century


    • Ancient, Medieval and Renaissance Documents


    Courts

    • Quarter Sessions Records and Family Historians


    • Quarter Sessions Records- What They Hold


    • History of Assize Courts


    • Manorial Courts


    • Metropolitan Police Courts


    • History of The Central Criminal Court (Old Bailey)


    • London's Legal System in 1900


    • Criminal Courts in The 19th Century


    • History of Her Majesty's Court Service


    • The Court of Chivalry 1634-1640


    • History of Trafford Magistrates Court


    The Inns of Court

    • Introduction to the Inns of Court


    • Legal London in 1900: The Inns of Court


    • Gray's Inn Library and Archives, also holds the surviving records of Barnard's Inn & Staple's Inn.


    • Lincoln's Inn Library and Archives


    • Middle Temple Library and Archive


    Legal Systems in other Jurisdictions

    • The Scottish Legal System


    • The Stair Society - History of Scots Law


    • National Archives of Scotland - Criminal Courts


    • Isle of Man Legal System


    • The French Legal System


    • The Legal System and Legislation in France


    • The Legal System in The Caribbean


    Ecclesiastical Courts

    • Ecclesiastical Courts


    • The Ecclesiatical Court - Structures and Procedures


    • The Rise and Fall of the Ecclesiastical Courts


    • Church Courts - BBC History


    • Leicester Archdeaconry Court - Winter v Petcher 1597-8


    For Licensed Victuallers' Records see see FTF Guide: Court Sessions and Victuallers Licences

    For Poor Law Information see FTF Guide: Poor Laws and Workhouses

    For Convict Transportation, see FTF Guide: Emigration and Immigration



    Some Legal Definitions

    Crown Court Crown Courts hear the most serious criminal cases, although all matters will have already had at least one hearing in the Magistrates' Court. The first Crown Courts were established in 1956 in Manchester and Liverpool, and by 1972 Crown Courts had completely replaced the old Assize Courts and also taken over the criminal funtions of the Quarter Session Courts.

    Assize Court These heard the most serious criminal cases from the 13th Century until 1972 (1956 in Manchester and Liverpool) when they were replaced by Crown Courts. In 1834 the Central Criminal Court (the Old Bailey), was opened as the Assize Court for the metropolitan area of Greater London. Until about 1733, most Assize Court records are in Latin.

    Quarter SessionsThe Quarter Sessions were held 4 times a year by Justices of the Peace, once in each legal term i.e during Epiphany, Easter, Midsummer and Michaelmas. They dealt with criminal cases and some civil matters such as licensing, bastardy, bancruptcy, maintenance and Poor Law cases. For a more complete list see Quarter Sessions . They existed from 1361 until 1972, although by this time many of their functions had been taken over by Local Authorities.

    Petty Sessions These existed from the 16th century and were presided over by Justices of the Peace. They dealt with criminal cases that were not sufficiently serious to warrant trial by jury and poor relief and licensing matters.

    District Bancruptcy Courts These existed outside London between 1842 and 1869 when their work was taken over by local county courts.

    London Bankruptcy Court This existed until 1883 when its business was transferred to the High Court.

    Court of Common Pleas These came into existence in the 13th Century and heard common law civil actions such as debt cases. In 1873 they became part of the High Court, known as the Common Pleas Division and in 1880 became part of the Queen´s Bench Division.

    County Court Created in 1846 to hear Civil claims. The claims involving the largest amounts of money are heard at The Royal Courts of Justice.

    Royal Courts of Justice (RCJ) This is in The Strand, London and came into existence in 1882 to accommodate the Supreme Court of Judicature which itself consisted of the High Court of Justice and the Court of Appeal.

    The High Court Court of England and Wales The High Court, part of the Royal Courts of Justice in The Strand, London consists of three Divisions dealing with civil disputes: the Queen’s Bench Division, the Chancery Division and the Family Division, ( which until 1970 was known as the Probate, Divorce and Admiralty Division).

    Court Leet The Court Leet was presided over by the Lord of the Manor, and usually held twice a year. It elected constables, other officers to deal with issues relalting to highways and footpaths , poaching, stray animals drunkards, weights & measures, ale quality bread quality, market trading cattle and swine lookers, water supplies fire prevention and the poor. It also tried petty offences.

    House of Lords This is the final Court of Appeal for both Criminal and Civil matters.

    Bigamy If a marriage takes place legally in the United Kingdom and one or both parties is already legally married, the second marriage will be bigamous and is void. Bigamy became a criminal offence in 1861 and is currently triable either in the Magistrates' Court or the Crown Court.

    Covenant a duty to do something in relation to land or a building, such as to keep it in good repair. A restrictive covenant is an obligation not to do something in relation to land or a building -eg an obligation not to run a business from the premises.

    Easement The entitlement to exercise a right over someone else's land - for example a right of way or a right to light.

    Larceny The theft of property. Now called theft following the introduction of the Theft Act in 1968.

    Tipstaff In England and Wales, an officer of the civil courts whose purpose is to enforce warrants. In Northern Ireland, a court official who sits next to the judge and assists in opening and closing hearings, and assembling legal documents for the judge.

    Plaintiff Someone who brings a civil action. Now called a Claimant.

    Indictable offence A more serious Criminal offence, triable only by a Judge and Jury.

    Summary Offence A more minor criminal offence, heard only by magistrates.

    Mens Rea "a guilty mind". To be found guilty of a crime, the prosecution must prove that there is both the Actus Reus - ie the criminal act was actually committed - and also the Mens Rea- ie that there was intention to behave dishonestly.




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