Lesson 01 - Introduction to Law and Sources of Law

Meaning:

• general - …………….

• legal – rules to ……………. severity or constraints of Common Law (CL)

Problems with C.L. courts:

• …………….

• …………….

• …………….

• Jury! ……………. by friends of the defendant or …………….

The King

• Regarded the fountain head of all …………….

• Petitioning the King to ……………. their grievances

• Plead directly with the King to hear their ……………. and provide them with a …………….

Procedure: ……………. or bill→ the King ……………. with the petition himself→ too many→ passing them on to the …………………. – keeper of King's …………….

• ……………. (e.g. a bishop)

• learned in civil and ……………. Law → Court of …………….

• Decisions on the basis of what was ……………. - according to his individual……………. of right or wrong

Conditions for seeking equitable relief

• Being unable to ……………. in the C.L. courts

• Claimant must come with …………….

• No ……………. in bringing the case

(check pronunciation: Lord Chancellor, Court of Chancery, learned)

7. Read the complementary information.

By the fourteenth century, many people were dissatisfied with common law and the King of England was receiving many complaints. His subjects argued that judgments were unfair, the law was applied too strictly and the outcomes were unhelpful. This resulted in establishing a complementary rule of law which dealt with problems where the common law could not help. It became known as the doctrine of equity.

Equity should take priority if there are differences between the common law and equity. In other words, equity should prevail.

LISTENING 2 – REMEDIES

8. Pre-listening: In the 19th century, the Judicature Act 1873-1875 abolished the Court of Chancery. In this century, the Constitutional Reform Act 2005 abolished the Lord Chancellor’s judicial roles. What we are most interested in nowadays are equitable remedies. What is the most common Common Law remedy? Write the term in the box below.

1. ……………………………..

1. Specific performance

1. Injunction

9. Now you will learn about the equitable remedies. Listen to the second part of the lecture and fill in the table.

10. Post-listening: Look at the pictures illustrating various types of remedy and imagine and describe a situation leading to the particular type of remedy.

11. Summary - History of equity.

Fill in the gaps in the following summary and then in pairs ask questions and check the answers. Use appropriate question words (what, who, why, whose) and correct grammatical structures.

1. In the late Middle Ages, litigants petitioned the king because _____________________

_______________________________ .

2. The king referred the cases to the _______________________________ who developed legal rules of his own called equity.