Chapter

Civil Procedure and the Law of Proof

R. H. Helmholz

in The Oxford History of the Laws of England

Published in print January 2004 | ISBN: 9780198258971
Published online March 2012 | e-ISBN: 9780191681882 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258971.003.0005

Series: The Oxford History of the Laws of England Series ISBN 0-19-961352-4

Civil Procedure and the Law of Proof

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This chapter deals with instances of litigation and follows the habits of the civilians with regards to judicial proceeding. The rough identity of procedure in spiritual and secular assemblies, one that had characterized the Anglo-Saxon era and persisted even into Norman times, was gone. Civil procedure was to be one of the areas of ecclesiastical law least affected by either the Reformation statutes or incursions by writs of prohibition from the royal courts. The law of civil procedure in the ius commune had an organic character, one capable both of growth and of admission of regional differences, while it still retained the same roots and basic shape. It kept a recognizable identity in places that were geographically very far removed from each other. Procedure in the Court of Chancery and other equitable jurisdictions took over parts of the former civilian procedure.

Keywords: litigation; judicial proceeding; Anglo-Saxon era; Norman times; ius commune

Chapter.  22840 words. 

Subjects: History of Law

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