English_court_of_common_pleas

English common law courts before the Judicature Acts

The Court of Common Pleas was a common law court in the English legal system before the reforms of the Judicature Act 1873.

Contents 1 The Court 2 Amalgamation 3 International influence 4 References 5 Bibliography

The Court

It was the second oldest of the three common law courts, the oldest being the Court of Exchequer, the newest the Queen\'s Bench. It was established during the late twelfth century, and dealt with civil cases between party and party. It was the busiest court in the fifteenth century and was led by the Chief Justice of the Common Pleas with five puisne judges.

The three common law courts were all seated at Westminster Hall and were, to some extent, because of their independent origin and the fees that they generated for their respective judges, in competition.Cornish & Clark (1989) p.23 The common pleas had a near monopoly on pleas over account, covenant, debt, detinue and land. This court was also the most expensive and therefore the most profitable for judges, clerks and practitioners. The Crown also profitted from the court because it was ordered to fine every debt and seize chattels and goods of all outlaws.

As with the other common law courts, actions were started in the Court in Westminster Hall then referred for local trial at the assizes at nisi prius. The case could then pass back to its own court for review. Before 1830, there was a limited opportunity to appeal to the King\'s Bench but after that, appeal was allowed direct to the Court of Exchequer Chamber.Cornish & Clark (1989) p.25Law Terms Act 1830, s.8

Amalgamation

In 1873, under the Judicature Act (s.31), it became a division of the newly-created High Court of Justice. By an order in council of 16 December 1880 it was amalgamated, along with the Exchequer Division, into the Queen\'s Bench Division.Lord Mackay of Clashfern (ed.) (2002) Halsbury\'s Laws of England, 4th ed. Vol.10 (Reissue), "Courts", 603 \'Divisions of the High Court\'

International influence

Similar courts, based on the English model, were established in Ireland and several British colonies, and, as of 2007, courts named "Common Pleas" remain in existence in several U.S. states.

References

Bibliography

• Cornish, W. R. & Clark, G. de N. (1989). Law and Society in England 1750-1950. London: Sweet & Maxwell, 23-26, 75. ISBN 0421311509. 
• Elton, G. R. (1982). The Tudor Constitution, 2nd ed., London: Cambridge University Press. 
• Kinney, A. (2000). Tudor England: An Encyclopedia. Garland Science. 

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