176-475: Imperial Conferences ( Colonial Conferences before 1907) were periodic gatherings of government leaders from the self-governing colonies and dominions of the British Empire between 1887 and 1937, before the establishment of regular Meetings of Commonwealth Prime Ministers in 1944 . They were held in 1887 , 1894 , 1897 , 1902 , 1907 , 1911 , 1921 , 1923 , 1926 , 1930 , 1932 and 1937 . All
352-533: A broader principle out of these predecessor cases. The facts were almost identical to Cadillac a year earlier: a wheel from a wheel manufacturer was sold to Buick, to a dealer, to MacPherson, and the wheel failed, injuring MacPherson. Judge Cardozo held: It may be that Statler v. Ray Mfg. Co. have extended the rule of Thomas v. Winchester . If so, this court is committed to the extension. The defendant argues that things imminently dangerous to life are poisons, explosives, deadly weapons—things whose normal function it
528-425: A character inherently that, when applied to the purposes for which it was designed, it was liable to become a source of great danger to many people if not carefully and properly constructed". Yet the privity rule survived. In Cadillac Motor Car Co. v. Johnson (decided in 1915 by the federal appeals court for New York and several neighboring states), the court held that a car owner could not recover for injuries from
704-471: A contest of ideologies between the two nations. It was not only Britain's position on the world stage that was at risk: Napoleon threatened to invade Britain itself, just as his armies had overrun many countries of continental Europe . The Napoleonic Wars were therefore ones in which Britain invested large amounts of capital and resources to win. French ports were blockaded by the Royal Navy , which won
880-481: A decision are often more important in the long run than the outcome in a particular case. This is the reason that judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases, rather than the bright-line rules usually embodied in statutes. All law systems rely on written publication of the law, so that it is accessible to all. Common law decisions are published in law reports for use by lawyers, courts and
1056-629: A decisive victory over a French Imperial Navy - Spanish Navy fleet at the Battle of Trafalgar in 1805. Overseas colonies were attacked and occupied, including those of the Netherlands, which was annexed by Napoleon in 1810. France was finally defeated by a coalition of European armies in 1815. Britain was again the beneficiary of peace treaties: France ceded the Ionian Islands , Malta (which it had occupied in 1798), Mauritius , St Lucia ,
1232-411: A defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was "no question that the wheel was made of dead and 'dozy' wood, quite insufficient for its purposes". The Cadillac court was willing to acknowledge that the case law supported exceptions for "an article dangerous in its nature or likely to become so in the course of
1408-719: A dependency of the New South Wales colony. From 16 June 1840 New South Wales laws applied in New Zealand. This transitional arrangement ended with the Charter for Erecting the Colony of New Zealand on 16 November 1840. The Charter stated that New Zealand would be established as a separate Crown colony on 3 May 1841 with Hobson as its governor. During the 19th century, Britain and the Russian Empire vied to fill
1584-623: A form that attempted to be more inclusive by showcasing the empire as a family of newly birthed nations with common roots. The last decades of the 19th century saw concerted political campaigns for Irish home rule . Ireland had been united with Britain into the United Kingdom of Great Britain and Ireland with the Act of Union 1800 after the Irish Rebellion of 1798 , and had suffered a severe famine between 1845 and 1852. Home rule
1760-648: A government function in 1874 . West Publishing in Minnesota is the largest private-sector publisher of law reports in the United States. Government publishers typically issue only decisions "in the raw", while private sector publishers often add indexing, including references to the key principles of the common law involved, editorial analysis, and similar finding aids. Statutes are generally understood to supersede common law. They may codify existing common law, create new causes of action that did not exist in
1936-410: A line somewhere, a limit on the causal connection between the negligent conduct and the injury. The court looked to the contractual relationships, and held that liability would only flow as far as the person in immediate contract ("privity") with the negligent party. A first exception to this rule arose in 1852, in the case of Thomas v. Winchester , when New York's highest court held that mislabeling
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#17327656946622112-540: A means to redress certain challenges to established law. Oliver Wendell Holmes once dissented: "judges do and must legislate". There is a controversial legal maxim in American law that " Statutes in derogation of the common law ought to be narrowly construed ". Henry Campbell Black once wrote that the canon "no longer has any foundation in reason". It is generally associated with the Lochner era . The presumption
2288-588: A minor settlement, and other treaty ports including Shanghai . During the late 18th and early 19th centuries, the British Crown began to assume an increasingly large role in the affairs of the company. A series of Acts of Parliament were passed, including the Regulating Act of 1773 , Pitt's India Act of 1784 and the Charter Act of 1813 which regulated the company's affairs and established
2464-424: A new line in the last sentence quoted above: "There must be knowledge of a danger, not merely possible, but probable." But while adhering to the underlying principle that some boundary is necessary, MacPherson overruled the prior common law by rendering the formerly dominant factor in the boundary, that is, the privity formality arising out of a contractual relationship between persons, totally irrelevant. Rather,
2640-558: A perceived violation of the guaranteed Rights of Englishmen . The American Revolution began with a rejection of Parliamentary authority and moves towards self-government. In response, Britain sent troops to reimpose direct rule, leading to the outbreak of war in 1775. The following year, in 1776, the Second Continental Congress issued the Declaration of Independence proclaiming the colonies' sovereignty from
2816-457: A poison as an innocuous herb, and then selling the mislabeled poison through a dealer who would be expected to resell it, put "human life in imminent danger". Thomas relied on this reason to create an exception to the "privity" rule. In 1909, New York held in Statler v. Ray Mfg. Co. that a coffee urn manufacturer was liable to a person injured when the urn exploded, because the urn "was of such
2992-411: A presumption favoring the retention of long-established and familiar principles, except when a statutory purpose to the contrary is evident. Isbrandtsen Co. v. Johnson , 343 U.S. 779, 783 (1952); Astoria Federal Savings & Loan Assn. v. Solimino , 501 U.S. 104, 108 (1991). In such cases, Congress does not write upon a clean slate. Astoria , 501 U.S. at 108. In order to abrogate a common-law principle,
3168-573: A product defect, and if a part was built up out of parts from parts manufacturers, the ultimate buyer could not recover for injury caused by a defect in the part. In an 1842 English case, Winterbottom v Wright , the postal service had contracted with Wright to maintain its coaches. Winterbottom was a driver for the post. When the coach failed and injured Winterbottom, he sued Wright. The Winterbottom court recognized that there would be "absurd and outrageous consequences" if an injured person could sue any person peripherally involved, and knew it had to draw
3344-472: A rapid escalation in the number of slaves transported. British ships carried a third of all slaves shipped across the Atlantic—approximately 3.5 million Africans —until the abolition of the trade by Parliament in 1807 (see § Abolition of slavery ). To facilitate the shipment of slaves, forts were established on the coast of West Africa, such as James Island , Accra and Bunce Island . In
3520-536: A security threat to Great Britain or mark the beginning of the break-up of the empire. A second Home Rule bill was defeated for similar reasons. A third bill was passed by Parliament in 1914, but not implemented because of the outbreak of the First World War leading to the 1916 Easter Rising . By the turn of the 20th century, fears had begun to grow in Britain that it would no longer be able to defend
3696-480: A self-governing colony, not a dominion. As World War II drew to a close, Imperial Conferences were replaced by Commonwealth Prime Ministers' Conferences , with 17 such meetings occurring from 1944 until 1969, all but one of the meetings occurred in London. The gatherings were renamed Commonwealth Heads of Government Meetings (CHOGM) in 1971 and were henceforth held every two years with hosting duties rotating around
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#17327656946623872-848: A series of Anglo-Mysore wars in Southern India with the Sultanate of Mysore under Hyder Ali and then Tipu Sultan . Defeats in the First Anglo-Mysore war and stalemate in the Second were followed by victories in the Third and the Fourth . Following Tipu Sultan's death in the fourth war in the Siege of Seringapatam (1799) , the kingdom became a protectorate of the company. The East India Company fought three Anglo-Maratha Wars with
4048-402: A similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a " case of first impression " with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was "common" to all the king's courts across England, originated in the practices of
4224-605: A strong allegiance to a large body of precedent, parties have less a priori guidance (unless the written law is very clear and kept updated) and must often leave a bigger "safety margin" of unexploited opportunities, and final determinations are reached only after far larger expenditures on legal fees by the parties. This is the reason for the frequent choice of the law of the State of New York in commercial contracts, even when neither entity has extensive contacts with New York—and remarkably often even when neither party has contacts with
4400-402: A unified system of law "common" to the country through incorporating and elevating local custom to the national, ending local control and peculiarities, eliminating arbitrary remedies and reinstating a jury system—citizens sworn on oath to investigate reliable criminal accusations and civil claims. The jury reached its verdict through evaluating common local knowledge , not necessarily through
4576-675: A way station for its ships travelling to and from its colonies in the East Indies . Britain formally acquired the colony, and its large Afrikaner (or Boer ) population in 1806, having occupied it in 1795 to prevent its falling into French hands during the Flanders Campaign . British immigration to the Cape Colony began to rise after 1820, and pushed thousands of Boers , resentful of British rule, northwards to found their own—mostly short-lived— independent republics , during
4752-441: Is a strength of common law systems, and is a significant contributor to the robust commercial systems in the United Kingdom and United States. Because there is reasonably precise guidance on almost every issue, parties (especially commercial parties) can predict whether a proposed course of action is likely to be lawful or unlawful, and have some assurance of consistency. As Justice Brandeis famously expressed it, "in most matters it
4928-633: Is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc (that is, all active judges of the court) or by a higher court. In these courts, the older decision remains controlling when an issue comes up the third time. Other courts, for example, the Court of Appeals for the Federal Circuit (formerly known as Court of Customs and Patent Appeals) and the US Supreme Court , always sit en banc , and thus
5104-499: Is destruction. What is true of the coffee urn is equally true of bottles of aerated water ( Torgesen v. Schultz , 192 N. Y. 156). We have mentioned only cases in this court. But the rule has received a like extension in our courts of intermediate appeal. In Burke v. Ireland (26 App. Div. 487), in an opinion by CULLEN, J., it was applied to a builder who constructed a defective building; in Kahner v. Otis Elevator Co. (96 App. Div. 169) to
5280-477: Is inferrable as a synthesis of the "thing of danger" principle stated in them, merely extending it to "foreseeable danger" even if "the purposes for which it was designed" were not themselves "a source of great danger". MacPherson takes some care to present itself as foreseeable progression, not a wild departure. Cardozo continues to adhere to the original principle of Winterbottom , that "absurd and outrageous consequences" must be avoided, and he does so by drawing
5456-539: Is more important that the applicable rule of law be settled than that it be settled right." This ability to predict gives more freedom to come close to the boundaries of the law. For example, many commercial contracts are more economically efficient, and create greater wealth, because the parties know ahead of time that the proposed arrangement, though perhaps close to the line, is almost certainly legal. Newspapers, taxpayer-funded entities with some religious affiliation, and political parties can obtain fairly clear guidance on
Imperial Conference - Misplaced Pages Continue
5632-561: Is seen by some historians as the event defining the transition between the first and second empires, in which Britain shifted its attention away from the Americas to Asia, the Pacific and later Africa. Adam Smith 's Wealth of Nations , published in 1776, had argued that colonies were redundant, and that free trade should replace the old mercantilist policies that had characterised the first period of colonial expansion, dating back to
5808-424: Is shown) reinterpret and revise the law, without legislative intervention, to adapt to new trends in political, legal and social philosophy . Second, the common law evolves through a series of gradual steps , that gradually works out all the details, so that over a decade or more, the law can change substantially but without a sharp break, thereby reducing disruptive effects. In contrast to common law incrementalism,
5984-576: Is that legislatures may take away common law rights, but modern jurisprudence will look for the statutory purpose or legislative intent and apply rules of statutory construction like the plain meaning rule to reach decisions. As the United States Supreme Court explained in United States v Texas , 507 U.S. 529 (1993): Just as longstanding is the principle that "[s]tatutes which invade the common law ... are to be read with
6160-468: Is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When
6336-508: Is to injure or destroy. But whatever the rule in Thomas v. Winchester may once have been, it has no longer that restricted meaning. A scaffold ( Devlin v. Smith , supra) is not inherently a destructive instrument. It becomes destructive only if imperfectly constructed. A large coffee urn ( Statler v. Ray Mfg. Co. , supra) may have within itself, if negligently made, the potency of danger, yet no one thinks of it as an implement whose normal function
6512-483: Is widespread. At the peak of its power, it was described as " the empire on which the sun never sets ", as the sun was always shining on at least one of its territories. During the Age of Discovery in the 15th and 16th centuries, Portugal and Spain pioneered European exploration of the globe, and in the process established large overseas empires. Envious of the great wealth these empires generated, England, France , and
6688-725: The Acts of Union 1707 . The 18th century saw the newly united Great Britain rise to be the world's dominant colonial power, with France becoming its main rival on the imperial stage. Great Britain, Portugal, the Netherlands, and the Holy Roman Empire continued the War of the Spanish Succession, which lasted until 1714 and was concluded by the Treaty of Utrecht . Philip V of Spain renounced his and his descendants' claim to
6864-671: The American War of Independence towards the end of the 18th century, has been referred to by some historians as the "First British Empire". England's early efforts at colonisation in the Americas met with mixed success. An attempt to establish a colony in Guiana in 1604 lasted only two years and failed in its main objective to find gold deposits. Colonies on the Caribbean islands of St Lucia (1605) and Grenada (1609) rapidly folded. The first permanent English settlement in
7040-515: The Battle of Vimy Ridge in a similar light. The important contribution of the Dominions to the war effort was recognised in 1917 by British prime minister David Lloyd George when he invited each of the Dominion prime ministers to join an Imperial War Cabinet to co-ordinate imperial policy. Common law Common law (also known as judicial precedent , judge-made law, or case law)
7216-649: The British Parliament as it was expressed through the Colonial Laws Validity Act and other Imperial Acts . The statesmen recommended that a declaratory enactment of Parliament, which became the Statute of Westminster 1931 , be passed with the consent of the dominions, but some dominions did not ratify the statute until some years afterwards. The 1930 conference was notable, too, for the attendance of Southern Rhodesia , despite it being
Imperial Conference - Misplaced Pages Continue
7392-707: The British economy . Added to this was the cost of suppressing regular slave rebellions . With support from the British abolitionist movement, Parliament enacted the Slave Trade Act in 1807, which abolished the slave trade in the empire. In 1808, Sierra Leone Colony was designated an official British colony for freed slaves. Parliamentary reform in 1832 saw the influence of the West India Committee decline. The Slavery Abolition Act , passed
7568-860: The Caribbean in the British West Indies , British colonial expansion turned towards Asia, Africa , and the Pacific . After the defeat of France in the Napoleonic Wars (1803–1815), Britain emerged as the principal naval and imperial power of the 19th century and expanded its imperial holdings. It pursued trade concessions in China and Japan, and territory in Southeast Asia . The " Great Game " and " Scramble for Africa " also ensued. The period of relative peace (1815–1914) during which
7744-809: The First Anglo-Afghan War was a disaster for Britain. When Russia invaded the Ottoman Balkans in 1853, fears of Russian dominance in the Mediterranean and the Middle East led Britain and France to enter the war in support of the Ottoman Empire and invade the Crimean Peninsula to destroy Russian naval capabilities. The ensuing Crimean War (1854–1856), which involved new techniques of modern warfare ,
7920-683: The Government of India Act 1858 , establishing the British Raj , where an appointed governor-general administered India and Queen Victoria was crowned the Empress of India . India became the empire's most valuable possession, "the Jewel in the Crown", and was the most important source of Britain's strength. A series of serious crop failures in the late 19th century led to widespread famines on
8096-874: The Great Trek of the late 1830s and early 1840s. In the process the Voortrekkers clashed repeatedly with the British, who had their own agenda with regard to colonial expansion in South Africa and to the various native African polities, including those of the Sotho people and the Zulu Kingdom . Eventually, the Boers established two republics that had a longer lifespan: the South African Republic or Transvaal Republic (1852–1877; 1881–1902) and
8272-623: The High Court of Justiciary has this power instead (except on questions of law relating to reserved matters such as devolution and human rights). From 1966 to 2009, this power lay with the House of Lords , granted by the Practice Statement of 1966. Canada's federal system, described below , avoids regional variability of federal law by giving national jurisdiction to both layers of appellate courts. The reliance on judicial opinion
8448-658: The Khedivate of Egypt into the 20th century, it was officially a vassal state of the Ottoman Empire and not part of the British Empire. The French were still majority shareholders and attempted to weaken the British position, but a compromise was reached with the 1888 Convention of Constantinople , which made the Canal officially neutral territory. With competitive French, Belgian and Portuguese activity in
8624-594: The Mahdist Army in 1896 and rebuffed an attempted French invasion at Fashoda in 1898. Sudan was nominally made an Anglo-Egyptian condominium , but a British colony in reality. British gains in Southern and East Africa prompted Cecil Rhodes , pioneer of British expansion in Southern Africa , to urge a " Cape to Cairo " railway linking the strategically important Suez Canal to the mineral-rich south of
8800-639: The Maratha Confederacy . The First Anglo-Maratha War ended in 1782 with a restoration of the pre-war status quo . The Second and Third Anglo-Maratha wars resulted in British victories. After the surrender of Peshwa Bajirao II on 1818, the East India Company acquired control of a large majority of the Indian subcontinent. Britain was challenged again by France under Napoleon, in a struggle that, unlike previous wars, represented
8976-542: The Middle East . Increasing degrees of autonomy were granted to its white settler colonies , some of which were formally reclassified as Dominions by the 1920s. By the start of the 20th century, Germany and the United States had begun to challenge Britain's economic lead. Military, economic and colonial tensions between Britain and Germany were major causes of the First World War , during which Britain relied heavily on its empire. The conflict placed enormous strain on its military, financial, and manpower resources. Although
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#17327656946629152-639: The Netherlands began to establish colonies and trade networks of their own in the Americas and Asia . A series of wars in the 17th and 18th centuries with the Netherlands and France left Britain the dominant colonial power in North America . Britain became a major power in the Indian subcontinent after the East India Company 's conquest of Mughal Bengal at the Battle of Plassey in 1757. The American War of Independence resulted in Britain losing some of its oldest and most populous colonies in North America by 1783. While retaining control of British North America (now Canada ) and territories in and near
9328-409: The Orange Free State (1854–1902). In 1902 Britain occupied both republics, concluding a treaty with the two Boer Republics following the Second Boer War (1899–1902). In 1869 the Suez Canal opened under Napoleon III , linking the Mediterranean Sea with the Indian Ocean . Initially the Canal was opposed by the British; but once opened, its strategic value was quickly recognised and became
9504-411: The Royal African Company was granted a monopoly on the supply of slaves to the British colonies in the Caribbean. The company would transport more slaves across the Atlantic than any other, and significantly grew England's share of the trade, from 33 per cent in 1673 to 74 per cent in 1683. The removal of this monopoly between 1688 and 1712 allowed independent British slave traders to thrive, leading to
9680-500: The Saint John and Saint Croix river valleys, then part of Nova Scotia , felt too far removed from the provincial government in Halifax , so London split off New Brunswick as a separate colony in 1784. The Constitutional Act of 1791 created the provinces of Upper Canada (mainly English speaking ) and Lower Canada (mainly French-speaking ) to defuse tensions between the French and British communities, and implemented governmental systems similar to those employed in Britain, with
9856-443: The Seychelles , and Tobago ; Spain ceded Trinidad ; the Netherlands ceded Guiana , Ceylon and the Cape Colony , while the Danish ceded Heligoland . Britain returned Guadeloupe , Martinique , French Guiana , and Réunion to France; Menorca to Spain; Danish West Indies to Denmark and Java and Suriname to the Netherlands. With the advent of the Industrial Revolution , goods produced by slavery became less important to
10032-441: The Treaty of Paris of 1763 had important consequences for the future of the British Empire. In North America, France's future as a colonial power effectively ended with the recognition of British claims to Rupert's Land, and the ceding of New France to Britain (leaving a sizeable French-speaking population under British control) and Louisiana to Spain. Spain ceded Florida to Britain. Along with its victory over France in India,
10208-417: The Victorian gold rush , making its capital Melbourne for a time the richest city in the world. The British also expanded their mercantile interests in the North Pacific. Spain and Britain had become rivals in the area, culminating in the Nootka Crisis in 1789. Both sides mobilised for war, but when France refused to support Spain it was forced to back down, leading to the Nootka Convention . The outcome
10384-454: The War of 1812 , and invaded Canadian territory. In response, Britain invaded the US, but the pre-war boundaries were reaffirmed by the 1814 Treaty of Ghent , ensuring Canada's future would be separate from that of the United States. Since 1718, transportation to the American colonies had been a penalty for various offences in Britain, with approximately one thousand convicts transported per year. Forced to find an alternative location after
10560-411: The jury , ordeals , the penalty of outlawry , and writs – all of which were incorporated into the Norman common law – is still a subject of much discussion. Additionally, the Catholic Church operated its own court system that adjudicated issues of canon law . The main sources for the history of the common law in the Middle Ages are the plea rolls and the Year Books . The plea rolls, which were
10736-468: The later decision controls. These courts essentially overrule all previous cases in each new case, and older cases survive only to the extent they do not conflict with newer cases. The interpretations of these courts—for example, Supreme Court interpretations of the constitution or federal statutes—are stable only so long as the older interpretation maintains the support of a majority of the court. Older decisions persist through some combination of belief that
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#173276569466210912-545: The metropole and the entirety of the empire while at the same time maintaining the policy of "splendid isolation". Germany was rapidly rising as a military and industrial power and was now seen as the most likely opponent in any future war. Recognising that it was overstretched in the Pacific and threatened at home by the Imperial German Navy , Britain formed an alliance with Japan in 1902 and with its old enemies France and Russia in 1904 and 1907, respectively. Britain's fears of war with Germany were realised in 1914 with
11088-413: The privateers John Hawkins and Francis Drake to engage in slave-raiding attacks against Spanish and Portuguese ships off the coast of West Africa with the aim of establishing an Atlantic slave trade . This effort was rebuffed and later, as the Anglo-Spanish Wars intensified, Elizabeth I gave her blessing to further privateering raids against Spanish ports in the Americas and shipping that
11264-440: The protectionism of Spain and Portugal. The growth of trade between the newly independent United States and Britain after 1783 seemed to confirm Smith's view that political control was not necessary for economic success. The war to the south influenced British policy in Canada, where between 40,000 and 100,000 defeated Loyalists had migrated from the new United States following independence. The 14,000 Loyalists who went to
11440-399: The spice trade of the East Indies archipelago to the Netherlands and the textiles industry of India to England, but textiles soon overtook spices in terms of profitability. Peace between England and the Netherlands in 1688 meant the two countries entered the Nine Years' War as allies, but the conflict—waged in Europe and overseas between France, Spain and the Anglo-Dutch alliance—left
11616-475: The "Sugar Revolution" transformed the Caribbean economy in the mid-17th century. Large sugarcane plantations were first established in the 1640s on Barbados, with assistance from Dutch merchants and Sephardic Jews fleeing Portuguese Brazil . At first, sugar was grown primarily using white indentured labour , but rising costs soon led English traders to embrace the use of imported African slaves. The enormous wealth generated by slave-produced sugar made Barbados
11792-480: The "jugular vein of the Empire". In 1875, the Conservative government of Benjamin Disraeli bought the indebted Egyptian ruler Isma'il Pasha 's 44 per cent shareholding in the Suez Canal for £4 million (equivalent to £480 million in 2023). Although this did not grant outright control of the strategic waterway, it did give Britain leverage. Joint Anglo-French financial control over Egypt ended in outright British occupation in 1882. Although Britain controlled
11968-409: The 1180s) from his Curia Regis to hear the various disputes throughout the country, and return to the court thereafter. The king's itinerant justices would generally receive a writ or commission under the great seal. They would then resolve disputes on an ad hoc basis according to what they interpreted the customs to be. The king's judges would then return to London and often discuss their cases and
12144-506: The 13th century to the 17th, can be viewed online at the Anglo-American Legal Tradition site (The O'Quinn Law Library of the University of Houston Law Center). The doctrine of precedent developed during the 12th and 13th centuries, as the collective judicial decisions that were based in tradition, custom and precedent . The form of reasoning used in common law is known as casuistry or case-based reasoning . The common law, as applied in civil cases (as distinct from criminal cases ),
12320-428: The 1730s. This trade, illegal since it was outlawed by China in 1729, helped reverse the trade imbalances resulting from the British imports of tea, which saw large outflows of silver from Britain to China. In 1839, the confiscation by the Chinese authorities at Canton of 20,000 chests of opium led Britain to attack China in the First Opium War , and resulted in the seizure by Britain of Hong Kong Island , at that time
12496-531: The Americas the following year but did not return; it is unknown what happened to his ships. No further attempts to establish English colonies in the Americas were made until well into the reign of Queen Elizabeth I , during the last decades of the 16th century. In the meantime, Henry VIII 's 1533 Statute in Restraint of Appeals had declared "that this realm of England is an Empire". The Protestant Reformation turned England and Catholic Spain into implacable enemies. In 1562, Elizabeth I encouraged
12672-713: The Americas was founded in 1607 in Jamestown by Captain John Smith , and managed by the Virginia Company ; the Crown took direct control of the venture in 1624, thereby founding the Colony of Virginia . Bermuda was settled and claimed by England as a result of the 1609 shipwreck of the Virginia Company's flagship , while attempts to settle Newfoundland were largely unsuccessful. In 1620, Plymouth
12848-669: The British Caribbean, the percentage of the population of African descent rose from 25 per cent in 1650 to around 80 per cent in 1780, and in the Thirteen Colonies from 10 per cent to 40 per cent over the same period (the majority in the southern colonies). The transatlantic slave trade played a pervasive role in British economic life, and became a major economic mainstay for western port cities. Ships registered in Bristol , Liverpool and London were responsible for
13024-551: The British Empire as the new United States of America . The entry of French and Spanish forces into the war tipped the military balance in the Americans' favour and after a decisive defeat at Yorktown in 1781, Britain began negotiating peace terms. American independence was acknowledged at the Peace of Paris in 1783. The loss of such a large portion of British America , at the time Britain's most populous overseas possession,
13200-471: The British Empire became the global hegemon was later described as Pax Britannica (Latin for "British Peace"). Alongside the formal control that Britain exerted over its colonies, its dominance of much of world trade, and of its oceans, meant that it effectively controlled the economies of, and readily enforced its interests in, many regions , such as Asia and Latin America . It also came to dominate
13376-608: The British defeated the Nawab of Bengal and his French allies, left the British East India Company in control of Bengal and as a major military and political power in India. France was left control of its enclaves but with military restrictions and an obligation to support British client states , ending French hopes of controlling India. In the following decades the British East India Company gradually increased
13552-539: The Commonwealth. British Empire The British Empire comprised the dominions , colonies , protectorates , mandates , and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts established by England in the late 16th and early 17th centuries. At its height in the 19th and early 20th centuries, it
13728-662: The English a stronger colonial power than the Dutch, who were forced to devote a larger proportion of their military budget to the costly land war in Europe. The death of Charles II of Spain in 1700 and his bequeathal of Spain and its colonial empire to Philip V of Spain , a grandson of the King of France , raised the prospect of the unification of France, Spain and their respective colonies, an unacceptable state of affairs for England and
13904-696: The French throne, and Spain lost its empire in Europe. The British Empire was territorially enlarged: from France, Britain gained Newfoundland and Acadia , and from Spain, Gibraltar and Menorca . Gibraltar became a critical naval base and allowed Britain to control the Atlantic entry and exit point to the Mediterranean . Spain ceded the rights to the lucrative asiento (permission to sell African slaves in Spanish America ) to Britain. With
14080-540: The Great Hall of the king's Palace of Westminster , permanently except in the vacations between the four terms of the Legal year . Judge-made common law operated as the primary source of law for several hundred years, before Parliament acquired legislative powers to create statutory law . In England, judges have devised a number of rules as to how to deal with precedent decisions . The early development of case-law in
14256-559: The Māori population. The UK government finally decided to act, dispatching Captain William Hobson with instructions to take formal possession after obtaining native consent. There was no central Māori authority able to represent all New Zealand so, on 6 February 1840, Hobson and many Māori chiefs signed the Treaty of Waitangi in the Bay of Islands; most other chiefs signing in stages over
14432-661: The Netherlands as a colonial power, in the short term the Netherlands' more advanced financial system and the three Anglo-Dutch Wars of the 17th century left it with a stronger position in Asia. Hostilities ceased after the Glorious Revolution of 1688 when the Dutch William of Orange ascended the English throne, bringing peace between the Dutch Republic and England. A deal between the two nations left
14608-468: The Pacific between 1769 and 1777, James Cook visited New Zealand . He was followed by an assortment of Europeans and Americans which including whalers, sealers, escaped convicts from New South Wales, missionaries and adventurers. Initially, contact with the indigenous Māori people was limited to the trading of goods, although interaction increased during the early decades of the 19th century with many trading and missionary stations being set up, especially in
14784-675: The Pacific for the extension of the North American fur trade . Alexander Mackenzie of the North West Company led the first, starting out in 1792, and a year later he became the first European to reach the Pacific overland north of the Rio Grande , reaching the ocean near present-day Bella Coola . This preceded the Lewis and Clark Expedition by twelve years. Shortly thereafter, Mackenzie's companion, John Finlay , founded
14960-566: The Royal Navy during the Seven Years' War, and the two continued to co-operate in arenas outside India: the eviction of the French from Egypt (1799), the capture of Java from the Netherlands (1811), the acquisition of Penang Island (1786), Singapore (1819) and Malacca (1824), and the defeat of Burma (1826). From its base in India, the company had been engaged in an increasingly profitable opium export trade to Qing China since
15136-505: The Seven Years' War therefore left Britain as the world's most powerful maritime power . During the 1760s and early 1770s, relations between the Thirteen Colonies and Britain became increasingly strained, primarily because of resentment of the British Parliament's attempts to govern and tax American colonists without their consent. This was summarised at the time by the colonists' slogan " No taxation without representation ",
15312-762: The Spanish, and in 1666 succeeded in colonising the Bahamas . In 1670, Charles II incorporated by royal charter the Hudson's Bay Company (HBC), granting it a monopoly on the fur trade in the area known as Rupert's Land , which would later form a large proportion of the Dominion of Canada . Forts and trading posts established by the HBC were frequently the subject of attacks by the French, who had established their own fur trading colony in adjacent New France . Two years later,
15488-522: The United Kingdom (including its overseas territories such as Gibraltar), the United States (both the federal system and all 50 states save Louisiana ), and Zimbabwe. According to Black's Law Dictionary , common law is "the body of law derived from judicial decisions , rather than from statutes or constitutions ." Legal systems that rely on common law as precedent are known as "common law jurisdictions," while those that do not are referred to as " civil law " or " code " jurisdictions. Until
15664-425: The United States' commercial center, New York common law has a depth and predictability not (yet) available in any other jurisdictions of the United States. Similarly, American corporations are often formed under Delaware corporate law , and American contracts relating to corporate law issues ( merger and acquisitions of companies, rights of shareholders, and so on) include a Delaware choice of law clause, because of
15840-559: The United States. Commercial contracts almost always include a "choice of law clause" to reduce uncertainty. Somewhat surprisingly, contracts throughout the world (for example, contracts involving parties in Japan, France and Germany, and from most of the other states of the United States) often choose the law of New York, even where the relationship of the parties and transaction to New York is quite attenuated. Because of its history as
16016-645: The annexation of the Dutch colony of New Netherland in 1664, following the capture of New Amsterdam , which was renamed New York . Although less financially successful than colonies in the Caribbean, these territories had large areas of good agricultural land and attracted far greater numbers of English emigrants, who preferred their temperate climates. The British West Indies initially provided England's most important and lucrative colonies. Settlements were successfully established in St. Kitts (1624), Barbados (1627) and Nevis (1628), but struggled until
16192-412: The application of law to specific facts. The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals (plus a thirteenth, the Court of Appeals for the Federal Circuit , which hears appeals in patent cases and cases against the federal government, without geographic limitation). Decisions of one circuit court are binding on the district courts within
16368-561: The apprenticeship system was abolished in 1838. The British government compensated slave-owners. Between 1815 and 1914, a period referred to as Britain's "imperial century" by some historians, around 10 million sq mi (26 million km ) of territory and roughly 400 million people were added to the British Empire. Victory over Napoleon left Britain without any serious international rival, other than Russia in Central Asia . Unchallenged at sea, Britain adopted
16544-528: The armies of the Dominions , as well as many thousands of volunteers from the Crown colonies. The contributions of Australian and New Zealand troops during the 1915 Gallipoli Campaign against the Ottoman Empire had a great impact on the national consciousness at home and marked a watershed in the transition of Australia and New Zealand from colonies to nations in their own right. The countries continue to commemorate this occasion on Anzac Day . Canadians viewed
16720-422: The boundaries within which their freedom of expression rights apply. In contrast, in jurisdictions with very weak respect for precedent, fine questions of law are redetermined anew each time they arise, making consistency and prediction more difficult, and procedures far more protracted than necessary because parties cannot rely on written statements of law as reliable guides. In jurisdictions that do not have
16896-589: The bulk of British slave trading. For the transported, harsh and unhygienic conditions on the slaving ships and poor diets meant that the average mortality rate during the Middle Passage was one in seven. At the end of the 16th century, England and the Dutch Empire began to challenge the Portuguese Empire 's monopoly of trade with Asia, forming private joint-stock companies to finance
17072-597: The business of establishing its own overseas colonies. The British Empire began to take shape during the early 17th century, with the English settlement of North America and the smaller islands of the Caribbean, and the establishment of joint-stock companies , most notably the East India Company , to administer colonies and overseas trade. This period, until the loss of the Thirteen Colonies after
17248-399: The circuit and on the circuit court itself, but are only persuasive authority on sister circuits. District court decisions are not binding precedent at all, only persuasive. Most of the U.S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels (most of the courts of appeal almost always sit in panels of three), the earlier panel decision
17424-599: The coasts of Africa and Brazil to China , and France had begun to settle the Saint Lawrence River area, later to become New France . Although England tended to trail behind Portugal, Spain, and France in establishing overseas colonies, it carried out its first modern colonisation, referred to as the Munster Plantations , in 16th century Ireland by settling it with English and Welsh Protestant settlers. England had already colonised part of
17600-470: The colony was abandoned two years later. The Darien scheme was a financial disaster for Scotland: a quarter of Scottish capital was lost in the enterprise. The episode had major political consequences, helping to persuade the government of the Kingdom of Scotland of the merits of turning the personal union with England into a political and economic one under the Kingdom of Great Britain established by
17776-860: The common law, or legislatively overrule the common law. Common law still has practical applications in some areas of law. Examples are contract law and the law of torts . At earlier stages in the development of modern legal systems and government, courts exercised their authority in performing what Roscoe Pound described as an essentially legislative function. As legislation became more comprehensive, courts began to operate within narrower limits of statutory interpretation . Jeremy Bentham famously criticized judicial lawmaking when he argued in favor of codification and narrow judicial decisions. Pound comments that critics of judicial lawmaking are not always consistent - sometimes siding with Bentham and decrying judicial overreach, at other times unsatisfied with judicial reluctance to sweep broadly and employ case law as
17952-493: The conferences became a key forum for dominion governments to assert the desire for removing the remaining vestiges of their colonial status. The conference of 1926 agreed to the Balfour Declaration , which acknowledged that the dominions would henceforth rank as equals to the United Kingdom, as members of the ' British Commonwealth of Nations '. The conference of 1930 decided to abolish the legislative supremacy of
18128-661: The conferences were held in London, the seat of the Empire, except for the 1894 and 1932 conferences which were held in Ottawa , the capital of the senior Dominion of the Crown. The 1907 conference changed the name of the meetings to Imperial Conferences and agreed that the meetings should henceforth be regular rather than taking place while overseas statesmen were visiting London for royal occasions (e.g. jubilees and coronations). Originally instituted to emphasise imperial unity, as time went on,
18304-415: The consequences to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. ... There must be knowledge of a danger, not merely possible, but probable. Cardozo's new "rule" exists in no prior case, but
18480-457: The continent. During the 1880s and 1890s, Rhodes, with his privately owned British South Africa Company , occupied and annexed territories named after him, Rhodesia . The path to independence for the white colonies of the British Empire began with the 1839 Durham Report , which proposed unification and self-government for Upper and Lower Canada, as a solution to political unrest which had erupted in armed rebellions in 1837. This began with
18656-572: The country following the Norman invasion of Ireland in 1169. Several people who helped establish the Munster plantations later played a part in the early colonisation of North America, particularly a group known as the West Country Men . In 1578, Elizabeth I granted a patent to Humphrey Gilbert for discovery and overseas exploration. That year, Gilbert sailed for the Caribbean with
18832-549: The courts of the English kings in the centuries following the Norman Conquest in 1066. England spread the English legal system across the British Isles, first to Wales, and then to Ireland and overseas colonies ; this was continued by the later British Empire . Many former colonies retain the common law system today. These common law systems are legal systems that give great weight to judicial precedent, and to
19008-516: The decisions they made with the other judges. These decisions would be recorded and filed. In time, a rule, known as stare decisis (also commonly known as precedent) developed, whereby a judge would be bound to follow the decision of an earlier judge; he was required to adopt the earlier judge's interpretation of the law and apply the same principles promulgated by that earlier judge if the two cases had similar facts to one another. Once judges began to regard each other's decisions to be binding precedent,
19184-477: The decline of the empire. India , Britain's most valuable and populous possession, achieved independence in 1947 as part of a larger decolonisation movement, in which Britain granted independence to most territories of the empire. The Suez Crisis of 1956 confirmed Britain's decline as a global power, and the handover of Hong Kong to China on 1 July 1997 symbolised for many the end of the British Empire, though fourteen overseas territories that are remnants of
19360-542: The deep body of law in Delaware on these issues. On the other hand, some other jurisdictions have sufficiently developed bodies of law so that parties have no real motivation to choose the law of a foreign jurisdiction (for example, England and Wales, and the state of California), but not yet so fully developed that parties with no relationship to the jurisdiction choose that law. Outside the United States, parties that are in different jurisdictions from each other often choose
19536-485: The early 20th century, common law was widely considered to derive its authority from ancient Anglo-Saxon customs. Well into the 19th century, common law was still defined as an ancient, unwritten law in legal dictionaries including Bouvier's Law Dictionary and Black's Law Dictionary . The term "judge-made law" was introduced by Jeremy Bentham as a criticism of this pretense of the legal profession but acceptance of William Blackstone 's declaratory theory of common law
19712-494: The emergence of a consensus from a multitude of particularized prior decisions". Justice Cardozo noted the "common law does not work from pre-established truths of universal and inflexible validity to conclusions derived from them deductively", but "[i]ts method is inductive, and it draws its generalizations from particulars". The common law is more malleable than statutory law. First, common law courts are not absolutely bound by precedent, but can (when extraordinarily good reason
19888-657: The empire achieved its largest territorial extent immediately after the First World War, Britain was no longer the world's preeminent industrial or military power. In the Second World War , Britain's colonies in East Asia and Southeast Asia were occupied by the Empire of Japan . Despite the final victory of Britain and its allies , the damage to British prestige and the British economy helped accelerate
20064-537: The empire remain under British sovereignty . After independence, many former British colonies, along with most of the dominions, joined the Commonwealth of Nations , a free association of independent states. Fifteen of these, including the United Kingdom, retain the same person as monarch , currently King Charles III . The foundations of the British Empire were laid when England and Scotland were separate kingdoms. In 1496, King Henry VII of England , following
20240-576: The exception of international relations . Australia and New Zealand achieved similar levels of self-government after 1900, with the Australian colonies federating in 1901 . The term "dominion status" was officially introduced at the 1907 Imperial Conference . As the dominions gained greater autonomy, they would come to be recognized as distinct realms of the empire with unique customs and symbols of their own. Imperial identity, through imagery such as patriotic artworks and banners, began developing into
20416-684: The first permanent European settlement in British Columbia , Fort St. John . The North West Company sought further exploration and backed expeditions by David Thompson , starting in 1797, and later by Simon Fraser . These pushed into the wilderness territories of the Rocky Mountains and Interior Plateau to the Strait of Georgia on the Pacific Coast, expanding British North America westward. The East India Company fought
20592-578: The following months. William Hobson declared British sovereignty over all New Zealand on 21 May 1840, over the North Island by cession and over the South Islnd by discovery (the island was sparsely populated and deemed terra nullius ). Hobson became Lieutenant-Governor, subject to Governor Sir George Gipps in Sydney, with British possession of New Zealand initially administered from Australia as
20768-516: The following year, abolished slavery in the British Empire on 1 August 1834, finally bringing the empire into line with the law in the UK (with the exception of the territories administered by the East India Company and Ceylon, where slavery was ended in 1844). Under the Act, slaves were granted full emancipation after a period of four to six years of "apprenticeship". Facing further opposition from abolitionists,
20944-605: The general public. After the American Revolution, Massachusetts became the first state to establish an official Reporter of Decisions. As newer states needed law, they often looked first to the Massachusetts Reports for authoritative precedents as a basis for their own common law. The United States federal courts relied on private publishers until after the Civil War, and only began publishing as
21120-679: The government on the suitability of Botany Bay for the establishment of a penal settlement , and in 1787 the first shipment of convicts set sail, arriving in 1788. Unusually, Australia was claimed through proclamation. Indigenous Australians were considered too uncivilised to require treaties, and colonisation brought disease and violence that together with the deliberate dispossession of land and culture were devastating to these peoples. Britain continued to transport convicts to New South Wales until 1840, to Tasmania until 1853 and to Western Australia until 1868. The Australian colonies became profitable exporters of wool and gold, mainly because of
21296-454: The government. Eyres (a Norman French word for judicial circuit, originating from Latin iter ) are more than just courts; they would supervise local government, raise revenue, investigate crimes, and enforce feudal rights of the king. There were complaints of the eyre of 1198 reducing the kingdom to poverty and Cornishmen fleeing to escape the eyre of 1233. Henry II's creation of a powerful and unified court system, which curbed somewhat
21472-419: The gradual change that typifies evolution of the common law is the gradual change in liability for negligence. The traditional common law rule through most of the 19th century was that a plaintiff could not recover for a defendant's negligent production or distribution of a harmful instrumentality unless the two were parties to a contract ( privity of contract ). Thus, only the immediate purchaser could recover for
21648-500: The increasingly healthy profits of colonial trade remained in English hands, Parliament decreed in 1651 that only English ships would be able to ply their trade in English colonies. This led to hostilities with the United Dutch Provinces —a series of Anglo-Dutch Wars —which would eventually strengthen England's position in the Americas at the expense of the Dutch. In 1655, England annexed the island of Jamaica from
21824-424: The intention of asserting imperial authority and not allowing the sort of popular control of government that was perceived to have led to the American Revolution. Tensions between Britain and the United States escalated again during the Napoleonic Wars , as Britain tried to cut off American trade with France and boarded American ships to impress men into the Royal Navy . The United States Congress declared war,
22000-545: The intention of engaging in piracy and establishing a colony in North America, but the expedition was aborted before it had crossed the Atlantic. In 1583, he embarked on a second attempt. On this occasion, he formally claimed the harbour of the island of Newfoundland, although no settlers were left behind. Gilbert did not survive the return journey to England and was succeeded by his half-brother, Walter Raleigh , who
22176-630: The larger trade, by 1720, in terms of sales, the British company had overtaken the Dutch. During the middle decades of the 18th century, there were several outbreaks of military conflict on the Indian subcontinent , as the English East India Company and its French counterpart , struggled alongside local rulers to fill the vacuum that had been left by the decline of the Mughal Empire . The Battle of Plassey in 1757, in which
22352-486: The law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Then one must extract the principles, analogies and statements by various courts of what they consider important to determine how the next court is likely to rule on the facts of the present case. More recent decisions, and decisions of higher courts or legislatures carry more weight than earlier cases and those of lower courts. Finally, one integrates all
22528-476: The law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. The common theme in all cases is that commercial parties seek predictability and simplicity in their contractual relations, and frequently choose the law of a common law jurisdiction with a well-developed body of common law to achieve that result. Likewise, for litigation of commercial disputes arising out of unpredictable torts (as opposed to
22704-422: The legislative process is very difficult to get started, as the work begins much earlier than just introducing a bill. Once the legislation is introduced, the process to getting it passed is long, involving the committee system, debate, the potential of conference committee, voting, and President approval. Because of the involved process, many pieces must fall into place in order for it to be passed. One example of
22880-420: The legislature has had the foresight and diligence to address the precise set of facts applicable to a particular situation. For that reason, civil law statutes tend to be somewhat more detailed than statutes written by common law legislatures—but, conversely, that tends to make the statute more difficult to read. The common law—so named because it was "common" to all the king's courts across England—originated in
23056-473: The lines drawn and reasons given, and determines "what the law is". Then, one applies that law to the facts. In practice, common law systems are considerably more complicated than the simplified system described above. The decisions of a court are binding only in a particular jurisdiction , and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in
23232-510: The loss of the Thirteen Colonies in 1783, the British government looked for an alternative, eventually turning to Australia . On his first of three voyages commissioned by the government, James Cook reached New Zealand in October 1769. He was the first European to circumnavigate and map the country. From the late 18th century, the country was regularly visited by explorers and other sailors, missionaries , traders and adventurers but no attempt
23408-632: The lower Congo River region undermining orderly colonisation of tropical Africa, the Berlin Conference of 1884–85 was held to regulate the competition between the European powers in what was called the " Scramble for Africa " by defining "effective occupation" as the criterion for international recognition of territorial claims. The scramble continued into the 1890s, and caused Britain to reconsider its decision in 1885 to withdraw from Sudan . A joint force of British and Egyptian troops defeated
23584-475: The manufacturer of an elevator; in Davies v. Pelham Hod Elevating Co. (65 Hun, 573; affirmed in this court without opinion, 146 N. Y. 363) to a contractor who furnished a defective rope with knowledge of the purpose for which the rope was to be used. We are not required at this time either to approve or to disapprove the application of the rule that was made in these cases. It is enough that they help to characterize
23760-472: The more controversial clauses of the Constitutions of Clarendon . Henry nevertheless continued to exert influence in any ecclesiastical case which interested him and royal power was exercised more subtly with considerable success. The English Court of Common Pleas was established after Magna Carta to try lawsuits between commoners in which the monarch had no interest. Its judges sat in open court in
23936-424: The most important factor in the boundary would be the nature of the thing sold and the foreseeable uses that downstream purchasers would make of the thing. The example of the evolution of the law of negligence in the preceding paragraphs illustrates two crucial principles: (a) The common law evolves, this evolution is in the hands of judges, and judges have "made law" for hundreds of years. (b) The reasons given for
24112-493: The most successful colony in the Americas, and one of the most densely populated places in the world. This boom led to the spread of sugar cultivation across the Caribbean, financed the development of non-plantation colonies in North America, and accelerated the growth of the Atlantic slave trade , particularly the triangular trade of slaves, sugar and provisions between Africa, the West Indies and Europe. To ensure that
24288-487: The north. The first of several Church of England missionaries arrived in 1814 and as well as their missionary role, they soon become the only form of European authority in a land that was not subject to British jurisdiction: the closest authority being the New South Wales governor in Sydney. The sale of weapons to Māori resulted from 1818 on in the intertribal warfare of the Musket Wars , with devastating consequences for
24464-577: The official court records for the Courts of Common Pleas and King's Bench, were written in Latin. The rolls were made up in bundles by law term: Hilary, Easter, Trinity, and Michaelmas, or winter, spring, summer, and autumn. They are currently deposited in the UK National Archives , by whose permission images of the rolls for the Courts of Common Pleas, King's Bench, and Exchequer of Pleas, from
24640-428: The old decision is right, and that it is not sufficiently wrong to be overruled. In the jurisdictions of England and Wales and of Northern Ireland , since 2009, the Supreme Court of the United Kingdom has the authority to overrule and unify criminal law decisions of lower courts; it is the final court of appeal for civil law cases in all three of the UK jurisdictions, but not for criminal law cases in Scotland, where
24816-510: The ordinary usage to be contemplated by the vendor". However, held the Cadillac court, "one who manufactures articles dangerous only if defectively made, or installed, e.g., tables, chairs, pictures or mirrors hung on the walls, carriages, automobiles, and so on, is not liable to third parties for injuries caused by them, except in case of willful injury or fraud". Finally, in the famous case of MacPherson v. Buick Motor Co. , in 1916, Judge Benjamin Cardozo for New York's highest court pulled
24992-454: The other powers of Europe. In 1701, England, Portugal and the Netherlands sided with the Holy Roman Empire against Spain and France in the War of the Spanish Succession , which lasted for thirteen years. In 1695, the Parliament of Scotland granted a charter to the Company of Scotland , which established a settlement in 1698 on the Isthmus of Panama . Besieged by neighbouring Spanish colonists of New Granada , and affected by malaria ,
25168-495: The outbreak of the Anglo-Spanish War of Jenkins' Ear in 1739, Spanish privateers attacked British merchant shipping along the Triangle Trade routes. In 1746, the Spanish and British began peace talks, with the King of Spain agreeing to stop all attacks on British shipping; however, in the 1750 Treaty of Madrid Britain lost its slave-trading rights in Latin America . In the East Indies, British and Dutch merchants continued to compete in spices and textiles. With textiles becoming
25344-421: The outbreak of the First World War. Britain quickly invaded and occupied most of Germany's overseas colonies in Africa. In the Pacific, Australia and New Zealand occupied German New Guinea and German Samoa respectively. Plans for a post-war division of the Ottoman Empire, which had joined the war on Germany's side, were secretly drawn up by Britain and France under the 1916 Sykes–Picot Agreement . This agreement
25520-434: The passing of the Act of Union in 1840, which created the Province of Canada . Responsible government was first granted to Nova Scotia in 1848, and was soon extended to the other British North American colonies. With the passage of the British North America Act, 1867 by the British Parliament , the Province of Canada, New Brunswick and Nova Scotia were formed into Canada, a confederation enjoying full self-government with
25696-426: The power of canonical (church) courts, brought him (and England) into conflict with the church, most famously with Thomas Becket , the Archbishop of Canterbury . The murder of the archbishop gave rise to a wave of popular outrage against the King. International pressure on Henry grew, and in May 1172 he negotiated a settlement with the papacy in which the King swore to go on crusade as well as effectively overturned
25872-448: The power vacuums that had been left by the declining Ottoman Empire , Qajar dynasty and Qing dynasty . This rivalry in Central Asia came to be known as the "Great Game". As far as Britain was concerned, defeats inflicted by Russia on Persia and Turkey demonstrated its imperial ambitions and capabilities and stoked fears in Britain of an overland invasion of India. In 1839, Britain moved to pre-empt this by invading Afghanistan , but
26048-541: The practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. Prior to the Norman Conquest, much of England's legal business took place in the local folk courts of its various shires and hundreds . A variety of other individual courts also existed across the land: urban boroughs and merchant fairs held their own courts, and large landholders also held their own manorial and seigniorial courts as needed. The degree to which common law drew from earlier Anglo-Saxon traditions such as
26224-420: The pre-Norman system of local customs and law varying in each locality was replaced by a system that was (at least in theory, though not always in practice) common throughout the whole country, hence the name "common law". The king's object was to preserve public order, but providing law and order was also extremely profitable – cases on forest use as well as fines and forfeitures can generate "great treasure" for
26400-422: The presentation of evidence , a distinguishing factor from today's civil and criminal court systems. At the time, royal government centered on the Curia Regis (king's court), the body of aristocrats and prelates who assisted in the administration of the realm and the ancestor of Parliament , the Star Chamber , and Privy Council . Henry II developed the practice of sending judges (numbering around 20 to 30 in
26576-444: The prospective choice of law clauses in contracts discussed in the previous paragraph), certain jurisdictions attract an unusually high fraction of cases, because of the predictability afforded by the depth of decided cases. For example, London is considered the pre-eminent centre for litigation of admiralty cases. This is not to say that common law is better in every situation. For example, civil law can be clearer than case law when
26752-405: The region in 1878 and on all outstanding matters in 1907 with the signing of the Anglo-Russian Entente . The destruction of the Imperial Russian Navy by the Imperial Japanese Navy at the Battle of Tsushima during the Russo-Japanese War of 1904–1905 limited its threat to the British. The Dutch East India Company had founded the Dutch Cape Colony on the southern tip of Africa in 1652 as
26928-450: The role of global policeman, a state of affairs later known as the Pax Britannica , and a foreign policy of " splendid isolation ". Alongside the formal control it exerted over its own colonies, Britain's dominant position in world trade meant that it effectively controlled the economies of many countries, such as China, Argentina and Siam , which has been described by some historians as an " Informal Empire ". British imperial strength
27104-435: The same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law , statutory law and regulatory law also give rise to considerable complexity. Oliver Wendell Holmes Jr. cautioned that "the proper derivation of general principles in both common and constitutional law ... arise gradually, in
27280-423: The size of the territories under its control, either ruling directly or via local rulers under the threat of force from the Presidency Armies , the vast majority of which was composed of Indian sepoys , led by British officers. The British and French struggles in India became but one theatre of the global Seven Years' War (1756–1763) involving France, Britain, and the other major European powers. The signing of
27456-450: The sovereignty of the Crown over the territories that it had acquired. The company's eventual end was precipitated by the Indian Rebellion in 1857, a conflict that had begun with the mutiny of sepoys, Indian troops under British officers and discipline. The rebellion took six months to suppress, with heavy loss of life on both sides. The following year the British government dissolved the company and assumed direct control over India through
27632-435: The statute did not affirmatively require statutory solemnization and was silent as to preexisting common law. Court decisions that analyze, interpret and determine the fine boundaries and distinctions in law promulgated by other bodies are sometimes called "interstitial common law," which includes judicial interpretation of fundamental laws, such as the US Constitution , of legislative statutes, and of agency regulations , and
27808-411: The statute must "speak directly" to the question addressed by the common law. Mobil Oil Corp. v. Higginbotham , 436 U. S. 618, 625 (1978); Milwaukee v. Illinois , 451 U. S. 304, 315 (1981). As another example, the Supreme Court of the United States in 1877, held that a Michigan statute that established rules for solemnization of marriages did not abolish pre-existing common-law marriage , because
27984-758: The style of reasoning inherited from the English legal system. Today, one-third of the world's population lives in common law jurisdictions or in mixed legal systems that combine the common law with the civil law, including Antigua and Barbuda, Australia , The Bahamas , Bangladesh, Barbados, Belize, Botswana, Cameroon, Canada (both the federal system and all its provinces except Quebec), Cyprus , Dominica, Fiji, Ghana, Grenada, Guyana, Hong Kong , India , Ireland , Israel , Jamaica, Kenya, Liberia, Malaysia , Malta , Marshall Islands, Micronesia, Myanmar, Namibia, Nauru, New Zealand , Nigeria, Pakistan , Palau, Papua New Guinea, Philippines, Sierra Leone, Singapore , South Africa , Sri Lanka , Trinidad and Tobago,
28160-419: The subcontinent in which it is estimated that over 15 million people died. The East India Company had failed to implement any coordinated policy to deal with the famines during its period of rule. Later, under direct British rule, commissions were set up after each famine to investigate the causes and implement new policies, which took until the early 1900s to have an effect. On each of his three voyages to
28336-418: The successes of Spain and Portugal in overseas exploration, commissioned John Cabot to lead an expedition to discover a northwest passage to Asia via the North Atlantic. Cabot sailed in 1497, five years after the first voyage of Christopher Columbus , and made landfall on the coast of Newfoundland . He believed he had reached Asia, and there was no attempt to found a colony. Cabot led another voyage to
28512-412: The thirteenth century has been traced to Bracton 's On the Laws and Customs of England and led to the yearly compilations of court cases known as Year Books , of which the first extant was published in 1268, the same year that Bracton died. The Year Books are known as the law reports of medieval England, and are a principal source for knowledge of the developing legal doctrines, concepts, and methods in
28688-405: The trend of judicial thought. We hold, then, that the principle of Thomas v. Winchester is not limited to poisons, explosives, and things of like nature, to things which in their normal operation are implements of destruction. If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of
28864-440: The voyages—the English, later British, East India Company and the Dutch East India Company , chartered in 1600 and 1602 respectively. The primary aim of these companies was to tap into the lucrative spice trade , an effort focused mainly on two regions: the East Indies archipelago , and an important hub in the trade network, India. There, they competed for trade supremacy with Portugal and with each other. Although England eclipsed
29040-405: Was a humiliation for Spain, which practically renounced all sovereignty on the North Pacific coast. This opened the way to British expansion in the area, and a number of expeditions took place; firstly a naval expedition led by George Vancouver which explored the inlets around the Pacific North West, particularly around Vancouver Island . On land, expeditions sought to discover a river route to
29216-497: Was devised as a means of compensating someone for wrongful acts known as torts , including both intentional torts and torts caused by negligence , and as developing the body of law recognizing and regulating contracts . The type of procedure practiced in common law courts is known as the adversarial system ; this is also a development of the common law. In 1154, Henry II became the first Plantagenet king. Among many achievements, Henry institutionalized common law by creating
29392-481: Was founded as a haven by Puritan religious separatists, later known as the Pilgrims . Fleeing from religious persecution would become the motive for many English would-be colonists to risk the arduous trans-Atlantic voyage : Maryland was established by English Roman Catholics (1634), Rhode Island (1636) as a colony tolerant of all religions and Connecticut (1639) for Congregationalists . England's North American holdings were further expanded by
29568-472: Was granted his own patent by Elizabeth in 1584. Later that year, Raleigh founded the Roanoke Colony on the coast of present-day North Carolina , but lack of supplies caused the colony to fail. In 1603, James VI of Scotland ascended (as James I) to the English throne and in 1604 negotiated the Treaty of London , ending hostilities with Spain. Now at peace with its main rival, English attention shifted from preying on other nations' colonial infrastructures to
29744-404: Was made to settle the country or establish possession. The coast of Australia had been discovered for Europeans by the Dutch in 1606 , but there was no attempt to colonise it. In 1770, after leaving New Zealand, James Cook charted the eastern coast, claimed the continent for Britain, and named it New South Wales . In 1778, Joseph Banks , Cook's botanist on the voyage, presented evidence to
29920-418: Was near universal for centuries. Many notable writers, including A. V. Dicey , William Markby , Oliver Wendell Holmes , John Austin , Roscoe Pound , and Ezra Ripley Thayer , eventually adopted the modern definition of common law as "case law" or ratio decidendi , which serves as binding precedent . In a common law jurisdiction several stages of research and analysis are required to determine "what
30096-429: Was not divulged to the Sharif of Mecca , who the British had been encouraging to launch an Arab revolt against their Ottoman rulers, giving the impression that Britain was supporting the creation of an independent Arab state. The British declaration of war on Germany and its allies committed the colonies and Dominions, which provided invaluable military, financial and material support. Over 2.5 million men served in
30272-440: Was returning across the Atlantic, laden with treasure from the New World . At the same time, influential writers such as Richard Hakluyt and John Dee (who was the first to use the term "British Empire") were beginning to press for the establishment of England's own empire. By this time, Spain had become the dominant power in the Americas and was exploring the Pacific Ocean, Portugal had established trading posts and forts from
30448-427: Was supported by the British prime minister , William Gladstone , who hoped that Ireland might follow in Canada's footsteps as a Dominion within the empire, but his 1886 Home Rule bill was defeated in Parliament. Although the bill, if passed, would have granted Ireland less autonomy within the UK than the Canadian provinces had within their own federation, many MPs feared that a partially independent Ireland might pose
30624-429: Was the largest empire in history and, for a century, was the foremost global power. By 1913, the British Empire held sway over 412 million people, 23 percent of the world population at the time, and by 1920, it covered 35.5 million km (13.7 million sq mi), 24 per cent of the Earth's total land area. As a result, its constitutional , legal , linguistic , and cultural legacy
30800-481: Was the only global war fought between Britain and another imperial power during the Pax Britannica and was a resounding defeat for Russia. The situation remained unresolved in Central Asia for two more decades, with Britain annexing Baluchistan in 1876 and Russia annexing Kirghizia , Kazakhstan , and Turkmenistan . For a while, it appeared that another war would be inevitable, but the two countries reached an agreement on their respective spheres of influence in
30976-401: Was underpinned by the steamship and the telegraph , new technologies invented in the second half of the 19th century, allowing it to control and defend the empire. By 1902, the British Empire was linked together by a network of telegraph cables, called the All Red Line . The East India Company drove the expansion of the British Empire in Asia. The company's army had first joined forces with
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