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Reception statutes generally consider the English common law dating prior to independence, and the precedent originating from it, as the default law, because of the importance of using an extensive and predictable body of law to govern the conduct of citizens and businesses in a new state.
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. [ 1 ] [ 2 ] [ 3 ] The judiciary is independent , and legal principles like fairness , equality before the law , and the right to a fair trial are foundational to the system.
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. [ 1 ] [ 2 ] Private law , which relates to civil wrongs and quasi-contracts , is part of civil law, [ 3 ] as is law of property , excluding property-related crimes , such ...
In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. [64] EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice. [65]
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation.
That was, however, largely a problem of procedure; some sections of the royal courts were more liberal than others in that respect. In particular, procedure under the King's Bench was less strict than procedure by writ in the Court of Common Pleas. Several cases were brought by a procedure of Bill into the King's Bench which did not allege ...
In common law, a writ (Anglo-Saxon gewrit, Latin breve) [1] is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants , prerogative writs , subpoenas , and certiorari are common types of writs, but many forms exist and have existed.
While English common law originated in thirteenth century England and has then been transplanted through colonization and occupation to England’s ex-colonies (United States, Canada, Australia, and several countries in Central America, Africa and Asia), the Scandinavian common law was developed in Denmark and Sweden and the German common law sprang in Germany and Switzerland.