Common law system.

Common law and Equity.

Concept of common law in ancient England: Before 1066 all the law's were local and enforced by hundreds of courts. After passage of time royal court began to emerge from the King's council. These courts did not take over  the jurisdiction immediately but slowly and gradually local courts lost their authority and these royal courts took over the jurisdiction. A practice was started to send judges for hearing local matters from across the country. When this system started then whatever local law a judge found better he start implementing that law throughout the country.

The King's council which mainly dealt with all the cases in which King had a direct interest eventually, start splitting from the council and formed the main common law courts. The court of exchequer was the first to separate from the council . This court dealt with the revenue and separated during the reign of Henery I.

A royal proclamation of 1195 originated justice of the peace (magistrate). They were later given judicial functions and dealt with minor crimes.

Common law procedure: There were two main systems in common law at that time. We will discuss these in detail:
           1). System of precedent:
When the work of Common law courts grew they start giving decisions on the basis of the previous decisions . This was the beginning of the precedent system. Later this system spread and now it became mandatory or lower courts became bound to accept higher Court decision given in any previous case.

2). Writ system:

Under this system of writ, a person had to comply with a formality of obtaining a writ from the chancellor for instituting a suit against any other person.

Initially for limited number of wrongs writ was there. But in the course of time the other wrongs also called for remedy.

In 1258 the provisions of  the issue of new writs without the permission of the king in council prohibited. In 1258 the statute of Westminster II authorised the clerk's to issue new writs but only if claims were in 'like cases' to those before 1258. This was restrictive and made further development of the common law very technical.