Cuestionario: Construction and Expansion of Common Law — 11 preguntas

1. Which event is conventionally associated with the beginning of the common-law model in England?

A. The creation of shires in the tenth century

B. The Norman conquest of England in 1066

C. The spread of Roman law across England

D. The introduction of written rules by the Angles and Saxons

Answer: (B)

Explicación

Most legal historians place the symbolic beginning of the common-law model in 1066, following the Norman conquest. The tenth-century creation of shires did not yet establish a unified common law.

2. What does the Norman Conquest primarily represent in the context of English legal history?

A. The abolition of customary law in favor of Roman law

B. A transition towards a unified common law system through a compromise

C. A complete replacement of all local customs with Norman law

D. The immediate establishment of a codified legal system

Answer: (B)

Explicación

The Norman Conquest marked a transition towards common law by preserving existing customs while gradually integrating them under royal authority, rather than replacing all local practices outright.

3. What legal and political development followed William the Conqueror’s victory at the Battle of Hastings?

A. The immediate creation of a fully unified national legal system

B. The introduction of Norman customary law and feudal organization

C. The abolition of local customs in favor of continental law

D. The replacement of English customs by Roman civil law alone

Answer: (B)

Explicación

William brought Norman customary law and a feudal political and social organization to England. He did not impose Roman civil law as the sole legal system.

4. What was the primary impact of William the Conqueror's victory at the Battle of Hastings on the English legal system?

A. Preservation of Anglo-Saxon laws without change

B. Transition towards a common law system through a compromise

C. Introduction of Roman law as the dominant legal system

D. Complete replacement of all existing laws with Norman statutes

Answer: (B)

Explicación

William's victory led to a gradual shift towards a common law system by preserving existing customs while integrating Norman influences, rather than outright replacing all laws.

5. What was the principal character of English law before 1066?

A. A feudal system imposed by Norman royal institutions

B. A Roman legal system administered uniformly across the kingdom

C. A system based mainly on unwritten customs that varied by community

D. A unified body of written rules applying throughout England

Answer: (C)

Explicación

Before 1066, English law consisted mainly of unwritten local customs, which differed from one community to another. A common law with kingdom-wide reach developed later.

6. What was the main characteristic of English law before 1066?

A. It was primarily based on a unified national legal code.

B. It was mainly composed of unwritten customs that varied across communities.

C. It was dominated by written statutes enacted by the king.

D. It was a fully codified system based on Roman law.

Answer: (B)

Explicación

Before 1066, English law was mainly based on unwritten local customs that differed from one community to another, lacking a unified legal system.

7. Why did Roman law fail to become the dominant foundation of English law before 1066?

A. It applied primarily to Romans and did not generally govern the Celtic population

B. It was rejected because England already had a complete unified common law

C. It was applied uniformly to every population in continental Europe but not England

D. It was used only by Norman rulers after the conquest

Answer: (A)

Explicación

Roman law applied to Romans living in England but did not generally impose itself on the Celtic population. Consequently, it lacked the dominant influence it acquired in continental civil-law systems.

8. When did the process of centralization and systematization of English justice, led by Henry II, begin?

A. 1215

B. 1166

C. 1066

D. 1675

Answer: (B)

Explicación

Henry II began the major process of centralization and systematization of English justice in 1166, a century after the Norman Conquest.

9. How do royal courts and itinerant justice under Henry II differ from local courts like shire and hundred courts?

A. Royal courts only operated in London, whereas local courts traveled across the country.

B. Royal courts had permanent jurisdiction and handled major criminal and royal interests, while local courts managed community disputes and local customs.

C. Local courts were formal and based on written statutes, while royal courts relied solely on customary law.

D. Local courts had broader jurisdiction over all civil and criminal matters, whereas royal courts only dealt with royal land disputes.

Answer: (B)

Explicación

Royal courts like the King's Bench and Common Pleas had centralized, permanent jurisdiction and handled significant cases, whereas local courts managed disputes based on local customs and were more autonomous.

10. Who is credited with creating the first major doctrinal work on common law, which included eighty writs and emphasized royal-court procedure?

A. Bracton

B. Glanvill

C. William the Conqueror

D. Edward Coke

Answer: (B)

Explicación

Glanvill authored the 'Tractatus de legibus et consuetudinibus Anglicae,' the first major doctrinal work on English common law, focusing on royal court procedures.

11. What is the primary effect of the development of procedure, writs, and jury systems on the evolution of English common law?

A. It replaced local customary laws entirely with royal statutes.

B. It created a structured framework that enabled consistent judicial processes and fact-finding.

C. It standardized legal procedures across all courts.

D. It allowed for the resolution of disputes based on written laws only.

Answer: (B)

Explicación

The development of procedure, writs, and jury systems established a structured and consistent judicial process, allowing courts to reliably resolve disputes based on established procedures and factual determinations.