History of Common Law

One of the roots of modern American law is hard both to find and to describe or explain. This root is loosely called common law. Its beginnings are lost in the mists of the history of northern Europe and Scandinavia, which were scarcely touched by the influence of the Roman Empire and from which England was frequently invaded by peoples who remained, intermarried with the local citizens and greatly affected their customs and habits. These local customs became well established. Although the Romans ruled Britain for almost 400 years, the development of Roman law was still 100 years away when they left England. Canon law did not come to England until 600 A.D., when the English were converted to Christianity. This law of the church has been a significant factor in English legal history and has acquired a name of its own ‑ equity. For a great many years two parallel courts existed in England, courts of equity, which were free to apply principles of conscience, and common-law courts. The common law is so called because it was commonly applied throughout the kingdom of England.

The last successful invasion of England was by the Normans in 1066. From then on, the English were able to develop their own legal system. They did so in a typically English manner. They avoided the method of trying to write all known laws down on paper. They won basic rights from their rulers, such as Magna Charta from King John in 1215. For the rest, they contented themselves with the developing courts and with trials by jury for contests between individual citizens over property, personal injuries and contracts. From time to time acts of Parliament were relied on to define specific crimes and to prescribe penalties. Judges and members of Parliament made British law by bits and pieces. This, then, is the common law: custom, tradition, decisions by judges in specific cases and acts of Parliament.

This system had been well established in the 400 years between 1215 and 1620, when the Pilgrims landed on Plymouth Rock. In the early years of the American colonies, the legal experience differed considerably according to the background of the settlers. Lawyers were few; important cases were decided in London. Nevertheless, it is fair to say that the common law became the most important root of the American legal system.

The important thing to remember about the common law as it affects us today is that in talking about "the law" we are really talking about two kinds of law: case law and statutory law. Case law is based on the earlier decisions of courts in similar situations. It comes down to us in the form of written court decisions. The principles set forth in these decisions must be applied anew to the particular facts in every individual case that comes before a court. The earlier decisions that embody these principles are called precedents. On the other hand, statutory law comes to us in the form of written laws, or acts, whose exact words have been drafted and approved by a federal, state or local legislature. We refer to these statutes when we talk about the "laws" of a nation, state or city.

4. Match the following English and Russian equivalents:

1) roots	a) применять
2) invader	b) писать проект
3) to affect	c) прецедент
4) to define	d) покоритель
5) significant	e) воплощать
6) to apply	f) истоки
7) to avoid	g) определять
8) penalty	h) наказание
9) precedent	i) важный
10) to embody	j) оказывать влияние
11) to draft	k) избегать

5. Supply the missing prepositions:

to convert ___ Christianity, to apply ___ the kingdom, to contend oneself ___ the developing courts, to rely ___ somebody, case law is based ___ the earlier decisions, to refer ___ the statutes, the laws are made and approved ___ legislature.

6. Match the following English and Russian phrases:

1) court decisions	a) современное американское право
2) common law	b) общее право
3) to develop courts	c) римское право
4) canon law	d) каноническое право
5) modern American law	e) прецедентное право
6) statutory law	f) статутное право
7) legal system	g) правовая система
8) Roman law	h) история права
9) legal history	i) развивать систему судов
10) case law	j) решения суда

7. Analyse the following words from the point of view of word-building:

loose – loosely, frequent – frequently, north – northern, Rome – Roman, to marry – to intermarry, significance – significant, to begin – beginning, to develop – development, statute – statutory.

8. Read the following sentences and say whether they are true or false in comparison with the sentences in the text:

1. The roots of modern American law are easy both to find and to describe or to explain.

2. The beginnings of modern American law are lost in the mists of the history of northern Europe and Scandinavia.

3. Canon law came to England after 600 A.D.

4. Judges and members of Parliament made British laws very quickly.

5. The Pilgrims landed on Portsmouth rock.

6. Common law became the most insignificant root of the American legal system.

7. The last successful invasion of England was that by the Vikings in 1066.

9 Remember the meaning of the following phrasal verbs and use them in sentences of your own:

to come about	- to happen, to take place
to come across	- to meet by chance
to come at	- to understand something
to come back	- to return to memory
to come by	- to obtain,. to receive, to come to have

10. Match the phrases with their definitions:

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