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35 Cards in this Set
- Front
- Back
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The Legal Profession |
- University Education? - How was Regulation? - Saxon period? - Post-1066? - Progress? |
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University? |
No university education for the common lawyer until 1839. University only open to canon law. |
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Regulation? |
Throughout history it has been very week opening up doors to malpractice, corruption, self-interestedness and arbitrary actions favouring the monarchy. |
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Saxons? |
Legal profession was non-existent pre-Norman period |
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Post-1066? |
Doctors in civil law began to emerge and practitioners of canon law under the Norman kings. This saw the beginning of the courts such as the KB and CP. Proceedings often in Latin or French. |
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Formation |
- Rose - Fortescue - Chaucer - Tudors - Baker |
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Rose |
Claims that legal studies began in the 13th century under Edward I. This is where the emergence of the Serjeants took place. Specialist pleaders representing litigants in cases. Oral please and largely very expensive. Held a monopoly in the Common Pleas courts |
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Fortescue |
14th C Serjeants were a very successful and rich profession |
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Chaucer |
Contemporary author wrote about their wealth and intelligence |
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Tudor Period |
Litigation increased during the Tudor period partly due to the rise of the KB. The KB influx of cases challenged the CP and also the Serjeants. Barristers began being utilised due to their proficiency in written proceedings. This slowly lead to the downfall of Serjeants. |
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Baker |
Amongst this backdrop, consider that there was a lack of university education or preparation under the common law |
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Education |
- Wagner - Baker - Brunn - Roger Huscarl - Baker |
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Wagner |
Noted that since there was no university education available for the common lawyer, during the 14th century the Inns of Court emerged in London which were considered England's 'Third University'. This was filled by the elite who were sons of the wealthy upper class. It was intended to educate them about politics and landowning. |
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Baker |
Education such as this was what resulted in the development of attorneys, solicitors due to the active inns of court. |
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Brunn |
Judges and from the KB over time were drawn form clerks and serjeants indicating that there was a desire to have an educated profession as the foundation of the judiciary. 13th C all judges had previously been serjeants and by the 14th C all judges had to have previously practices as a serjeant |
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Baker |
Development and refinement of the common law coincided with the development of judges. If it wasn't for this progression, the law would have been a very slow development. |
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Literature |
- Glanvill and Bracton - Baker - Coke and Hale - Blackstone |
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Glanvill and Bracton |
Arguably wrote the first books on the common law. These were a compilation of writs and procedures that could be passed down to future professionals as tools of education and learning. They provided ideal reference points and authority to educate the profession. |
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Baker |
The yearbooks written later on contained useful arguments which were uniform, certain and contained useful precedent. |
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Coke and Hale |
These academics or ex-judges were at the height of the printing press and their law reports are still relevant today |
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Blackstone |
Made huge contributions to the criminal law |
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Regulation |
- Baker - Hudson - Musson - 1275 Statute - Rose - Riley |
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Baker |
Recognised that there were concerns for the sheer rising numbers of solicitors in the 16th century. As a result, regulation was difficult to pursue as there were so many of them |
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Hudson |
Argues that they were considered like 'the Grasshoppers' of Egypt due to their infestation of the courts and parasitic tendencies |
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Musson |
Claims that history is concerned with the quantity, quality and conduct of lawyers partly because it wasn't of very low quality |
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1275 Statute |
There was some concern for the regulation and conduct of lawyers as this statute considered it was a crime for a lawyer to be deceitful and subject it to a penalty |
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Rose |
Discusses a judicial scandal outbreak in the 12th century resulted in all the judges of the KB being removed and nearly all the CP judges. Suggests that there was some early concern for regulation amongst the courts |
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Riley |
However Riley dismisses this and claims that throughout history there was a lack of concern for the regulation of the legal professions |
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Monarchy and the Profession |
- Coke - Fortescue - Gascoigne - Huse - Cook - Denman |
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Coke |
Not all judges within this period were associated with malpractice. Coke as the chief justice of the King's Bench was renowned for emphasising good practice of the law. he famously refused to allow James I a royal stay of suits which resulted in his removal. |
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Fortescue |
Notes that through history there has been a strong shift in judicial loyalty to the crown. It started as a personal loyalty to the king but over time start to take shape as impersonal loyalty instead. |
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Gascoigne |
Example of a judge who declared his authority in court by condemning a prince's actions for contempt of court |
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Huse |
Used his judicial standing to deny the King's preliminary ruling on the law |
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Cook |
Famously the solicitor general in the trial of Charles I for treason refused to accept the monarch's divine right to be above the law. |
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Denman |
Example of a judge who developed from a non-legal university education into becoming a highly respect judge. |
