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A Brief History of British Common Law

A Brief History of British Common Law. The Magna Carta: Fundamental Rights and Liberties from 1225. Signed in 1225 (Middle Ages)

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A Brief History of British Common Law

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  1. A Brief History of British Common Law

  2. The Magna Carta: Fundamental Rights and Liberties from 1225 • Signed in 1225 (Middle Ages) • King John was a tyrant who alienated everyone: nobles, merchants, peasants, and religious leaders; he was forced to sign a document limiting his power and establishing a government based on the rule of law. • This document was the “law of the land” in England, and it led to the custom of parliament to put the king’s power in check. • Due process was a fundamental component of the Magna Carta, and the British Colonists were very aware of their rights under the Crown. • http://www.youtube.com/watch?v=riUWuTpZfZ0 • King John of England (right) and an English baron agreeing to Magna Carta. A detail from the bronze doors of the U.S. Supreme Court building, Washington, D.C.

  3. What is Parliament? • English legislature (lawmaking body) developed over time • Kings would ask for advise from nobles • The inner circle became more formalized and was called the Great Council • There was also an informal system of hearing cases and making decisions at a local level • By 1275, Parliament was more formalized and included elected representatives • There was no universal suffrage; only wealthy landowners could vote • During the middle ages, Parliament’s main function was to CONSENT to taxes requested by the king, who usually wanted to money to fight wars • Parliament became a bicameral legislature (2 houses) • House of Commons (elected) • House of Lords (inherited) • By 1376, Parliament could impeach the king’s ministers • By 1414, the king was required to go to Parliament for approval of all laws and acts • By the 1640’s Parliament was an institution capable of usurping power from the king. • Parliament demanded rights such as habeas corpus—the principle that a person cannot be held in prison without being charged with a specific crime.

  4. The English Bill of Rights, 1689(JUST SAY NO TO BAD MONARCHS!) • No royal interference with the law: monarchs cannot establish new courts or act as judges. • No taxation by royal prerogative: parliament must approve all taxes. • No church courts; only civil courts are legal. • No standing armies in times of peace, unless parliament approves it. • No fear of retribution for petitioning the monarchy. (freedom to petition the government) • No interference in the people’s right to bear arms. • No interfering with debates and proceedings of Parliament—they can assemble and deliberate without fear of retribution. • No fines or other forfeitures are allowed before a person is convicted of a crime. • No cruel and unusual punishment or excessive bail.

  5. 125 Years, 13 Schools of Government, All LOYAL TO THE CROWN

  6. Freedom of the Press: The 1735 Trial for Libel of John Peter Zenger • Libel is the publishing of statements that damage a persons reputation

  7. The Navigation Acts • Mercantilism—economic policy that held that a nation prospered by exporting more goods to foreign nations than it imported from them • Colonies were a source of raw materials and a market for British goods • The first of the Navigation Acts were passed in 1651; the acts helped some colonists because they had a sure market for their goods in England • As trade expanded, the colonists began to feel that the laws favored British merchants • Smuggling became a way of life in the colonies in order to gain direct access to foreign markets • Shipments from Europe to the English colonies had to go through England first • Any imports from England to the colonies had to come on ships built and owned by British subjects • The colonies could sell key products, such as tobacco and sugar, only to England

  8. Colonial Society Brainstorm • You may work alone, with a partner, or in a group of 3 (MORE PEOPLE = MORE WORK) • Read Chapter 4 Section 2 carefully for ideas • Draw your society using simple figures and word bubbles—you are not being graded on art work • You must have a minimum of 25 people doing 25 things PER PERSON in your group • Projects are due next Tuesday, but there will not be additional class time to complete them • Homework: Make flashcards for Chapter 4; if you had an A or B quarter 1, you may choose to be excused from this assignment

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