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Offering Services for Multiple Jurisdictions-

Siskiyou Legal Center can assist you in matters in Federal, Oregon, and California jurisdictions. (California assistance offered to attorneys.)

American Common Law Foundations

Anglo Saxon and Anglo Norman Law in England

EARLY PERIOD

Justice was served via self help and vengeance based upon custom - the offended party was free to exercise retribution upon the offender within bounds set by custom.
Self help was available if wrongdoer was apprehended in the commission of the act or could be tracked from the scene of the crime; otherwise, justice was meted out by the Moot or tribal council.
The Christian church arrived and brought with it the
Right of Sanctuary wherein a defendant might seek refuge in a place of worship.
Trial by Compurgation - both the accuser and the accused presented compurgators (character witnesses) and the burden of proof relied upon the strength of their testimonials.

LATE EARLY PERIOD

The Trial by Ordeal gained acceptance:

Trial by Water:

Cold - the accused was cast into a lake or river; if they floated they were innocent.
Hot - the accused had a limb plunged into boiling water and innocence was determined by the wounds ability to heal.

Trial by Fire - the accused was made to grasp a hot iron or walked across burning plowshares and innocence was determined by the wounds ability to heal.
The Accursed Morsel - accused is made to eat a piece of bread or other dry substance, over which certain prayers had been made, without the aid of any liquid to wash it down; if the accused choked he was condemned.

LATER PERIOD

Doom System - established by king Ethelbert in 600A.D., the Doom system created a list of offenses and corresponding fees to be paid as compensation to the victim in lieu of vengeance. If compurgatory evidence was insufficient, determination of guilt was made by the moot.

Hierarchy of Judicial System

King

Hundred Court

Shire Court or Moot

Merchant Courts were established to rule upon these particular kinds of cases.

1066 A.D. - William the Conqueror established the Aula Regis a.k.a Curia Regis or King's Court composed of the concilium ordinarium who became circuit justices.

1200 A.D. - 3 separate common law courts of jurisdiction had been established:

Curia Regis

presided over criminal matters

Court of the Exchequer

presided over matters of taxes and dues

Court of Common Pleas

presided over civil matters

1677 A.D. - Parliament enacted the Statute for The Prevention of Frauds and Perjuries and recognized property rights in patents, copyrights, debts and corporate stocks.

1695 A.D. - The preparation of law reports by authorized individuals was formalized. Licensing of legal practitioners was instituted.

1730+ A.D. - Under the influence of Lord Mansfield the body of commercial law developed by the merchant courts became a part of English common law.

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