英美法律制度 期末复习 In the reign of Henry II

In the reign of Henry II (1154-1189) the king carried out a series of events that brought about radical changes in system of royal courts and a law common to all of England. The movement started with an implementation of the royal claim to ownership of all the land in England

在亨利二世登基的时候(1154-1189国王进行了一系列的事件,彻底改变了系统中的王室法庭和律师共同所有的英格兰。运动实现了皇家对所有权的要求所有的土地在英格兰

Types and numbers of the writs — Register of Writs

Council determined the types of writs that could be issued

◆Functions of writs

Removal of the administration of justice from communal (local) and seignorial courts toward central administration of justice;

Chief source were land cases.

类型和编号的令状,请即登记的身上

理事会的类型,确定可令状发行

◆令状的功能

切除的司法(局部)从公共和seignorial向中央司法法院;

主要来源是土地的病例。

Keeping the division of advocacy and counseling has always been a tradition in England. Barristers: Barristers have the sole right to appear in the higher courts—Crown courts, High Court, Court of Appeal, and House of Lords. Barristers do not deal directly with lay clients, but only with solicitors.

Solicitors: Solicitors perform the counselling function and may appear in lesser courts

. 保持宣传和咨询的划分一直是一个传统在英格兰。

律师:律师有独家权利courts-Crown出现在高等法院、高等法院、上诉法庭、的上议院。律师不直接处理,但只有躺客户律师。

律师:律师执行咨询功能,可能会出现在较小的法院。

ELEMENTS OF NEGLIGENCE

1. The Duty of Care and its Breach

Central to the tort of negligence is the concept of a duty of care. This concept arises from the notion that if we are to live in society with other people, some actions can be tolerated and some can not; some actions are right and some are wrong; and some actions are reasonable and some are not. The basic principle underlying the duty of care is that people are free to act as they please so long as their actions do not infringe on the interests of others.

Eg: Donoghue v Stevenson

On the evening of Sunday 26 August 1928 May Donoghue, née M’Alister and a friend took their seats in the Wellmeadow Café in the town's Wellmeadow Place. They were approached by the café owner, Francis Minchella, and Donoghue's friend ordered and paid for a pear and ice and an ice-cream drink. The owner brought the order and poured part of a bottle of ginger beer into a tumbler containing ice cream. onoghue drank some of the contents and her friend lifted the bottle to pour the remainder of the ginger beer into the tumbler. It was claimed that the remains of a snail in a state of decomposition plopped out of the bottle into the tumbler. Donoghue later complained of stomach pain and her doctor diagnosed her as having gastroenteritis. She also claimed to have suffered emotional distress as a result of the incident.