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exam 1 review - Magna Carta Habeas Corpus 1215 King John...

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Magna Carta - Habeas Corpus - 1215 - King John was getting all divine right on everyones asses and taxed everyone - Important b/c laid ground work for constitional monarchy - Made king not all powerful WHAT TO REMEMBER: o No coherent legal system began to emerge until 13 th century o movement towards limiting power of sovereign o movement toward protecting process property and rule of law o happened in fits and starts- changed according to strengthening or weakening of monarch Stamp Act - british tax on colonial paper and documents - people argued it hurt freedom of speech o needed paper to circulate views - Was the final act that pissed of the colonists ? Jurisdiction - authority to hear dispute o Kings ( or common) law- by county County law changed by county and it was very different for each county because each person had different needs o Customary Law- local custom What is the age old custom, looking at traditions o Manorial Law – rights and obligations between lord/serf King grants manors and knight hoods to serfs Obligations went to the Manorial Law which was smaller than the County Level This was mainly discretionary law o Feudal Law – rights and obligations between king/lord o Ecclesiastical/Canon Law – Church Law- Morals, marriage If you speak out against god, using the lords name in vein, working on the Sabbath these kinda cases went to canon law If you violate church law you are takin into the local church and they try you
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- Evolved from feudal law - Major disputed area in revolution o People were being shipped back to England and tried in military courts Sovereignty evolved from divine right to magna carta to English bill of rights to American Constitution In England king was sovereign articles of confederation the states were sovereign constitution people were sovereign Martin V. Mass ( are women sovereign?) Divine/absolute monarchy - concept that you have a god given right to rule - debunked by magna carta - started the push towards constitutionalism -
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