The British Influence

1. The British Influence Nah – not this one… On the Canadian legal system

2. The British Influence • Early British laws were confusing and often primitive; • rooted in beliefs, customs, invader influences, the Church, landlords and the King.

3. Trial by Ordeal (suffering/punishment) • Difficult decisions of innocence or guilt were often settled by God. • Church was a major influence on early law – belief God ultimately protected the innocent. • Painful physical test – if you survived then you were deemed innocent • The practice ended in 1215 when the Church refused to participate http://www.youtube.com/watch?v=ZTzh1oT0b_8

4. Trial by Ordeal (suffering/punishment) • Hot Iron • Carried a hot anvil between the forearms – bandaged – and after 3 days the healing had begun – innocent • However, the damage that was created was permanent • Cold Water • Bound – thrown into the water – if the water accepted the person (sank) – innocent • However, many drowned before recovery

5. Trial by Combat • Lords and nobility settled disputes by duels. • Most often these disagreements were settled by the knights representing the Lords • God protected the one still standing

6. Feudalism • The feudal system was based on a series of rights, duties, and obligations. • The King was at the top of the hierarchy and owned all the land. He parceled out pieces or manors to his lords and barons, who became the King’s vessels owing him allegiance and military support. • The lords vessels served in the army or worked the fields and shares (taxes) were paid to the lord and the church • The lord was the sole judge of his manor. Inequity and inconsistency existed from one manor to the next. • The King was above all law. • “The King’s Court” (curia regis) was created to hear major trials. These cases became documents and Common Law was established to England. Weird British Laws Feudalism in Europe

7. Independent Activity • Read Pages 15-20 in the law textbook • Answer the following questions: • What is stare decisis or the rule of precedent? How did it originate? What are the two important reasons for the rule of precedent? How long does a precedent last? • What is case law? • Under the title “The Rule of Law” on page 18, write down the first paragraph. • What were the two significant results of the Magna Carta? What is a Writ of Habeus Corpus? • What is the meaning of the concept – Rule of Law? Why does it exist? • What is a Parliament? What are statute laws?