Comprehension check

A Read the text to decide whether the statements below are true (T) or false (F).

1 The law in England is the same as the law in France. _______

2 English law has evolved gradually. _______

3 Most of English law has been codified. _______

4 The common law was developed by the judges. _______

5 All the courts in the system are of equal authority. _______

B Study the following definitions of COMMON LAW. Translate them into Russian.

TEXT 1: Roger Bird, Osborne's Concise Law Dictionary, Seventh Edition

common law. That part of the law of England formulated, developed and administered by the old common law courts, based originally on the com­mon customs of the country, and unwritten. It is opposed to equity (the body of rules administered by the Court of Сhancery¹); to statute law (the law laid down in Acts of Parliament); to special law (the law administered in special courts such as ecclesias­tical law, and the law merchant); and to the civil law (the law of Rome).

It is 'the commonsense of the community, crystallised and formulated by our forefathers'. It is not local law, nor the result of legislation.

¹ the Court of Chancery амер. суд системы “права справедливости”

TEXT 2: The Encyclopaedia Britannica

common law, also called ANGLO-AMERICAN LAW, the body of customary law, based upon judicial decisions and embodied in reports of decided cases, which has been administered by the common-law courts of England since the Middle Ages. From this has evolved the type of legal system now found also in the United States and in most of the member states of the Commonwealth of Nations. Common law stands in contrast to the rules developed by the separate courts of equity, to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law now widespread in western Europe and elsewhere.

TEXT 3: Powell R. Law today. 1993.

common law. A system in which legal decisions are based upon decisions in previous cases (Doctrine of precedent) and on custom, rather than on detailed written laws. It is sometimes called case law and originally developed in England. Common law is an important part of the legal systems of many countries which have been influenced by English law, such as the USA and India.

C Answer these questions.

1 What do you understand by common law?

2 What was the original source of common-law principles?

3 Would a codified system of law make the law more a) certain, or b) flexible?

4 Why is it important for judges to be independent?

5 What is stare decisis?

6 What is the name of the court which administered equity?

7 What other countries apart from England have a common-law legal system?

8 In what sense is the “constitution” of England a “creature” of the common law?

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