Fred, a serf in "Olde Medieval England" was found to have a pig in his possession which he did not possess the day before. This was unusual because all in the realm knew that Fred had no money with which to buy bigger goods for which to barter one. A neighbour, who was missing a pig, approached Fred to talk to him about the matter.
1. If the pig belonged to the neighbour, this might be resolved through payment, return of the pig, or some other means, as per the law of William the Conqueror, which he imposed upon subjected England.
2. If the pig belonged to the king, or the king thought that the act was a breach of the "king's peace", Al's law would be used as to the punishment of Fred.
3. If Fred ran when the neighbour approached, Fred would be deemed guilty of the accused and would thereby lose any protection afforded him under the law.
4. If Fred stood his ground when accused, he might be subjected to an ordeal, which is a form of punishment
5. In today's legal system, Al's law is criminal law, whereas Willie's law is our civil law.
6. Common law is the law from traditions, whereas statutory law is legislated or "made-up" law.
7. An "attorney at law" is necessarily a lawyer, whereas an attorney is not necessarily a lawyer.
8. The Doctrine of Stare Decisis, theoretically, allows wealthy people to be treated differently than poor people.
9. The substantive law deals with the behaviour of an individual whereas procedural law deals with rules applied to the courts and the authorities.
10. The Constitution of the United States is a document that provides citizens protection against the government as well as other individuals.
Fred was generally a good guy who lived in England in 1067 AD Willie had just come over from Normandy and the Battle of Hastings had confirmed that Willy was the boss of bosses.
One day when out gathering faggots for his home and hearth, Fred recollected that he was without victuals and unless he procured some of the same, would be a hungry serf (surf?).
Thereupon, Fred decided to sneak into his wealthy neighbour's pantry and seize upon some porridge-meal and gruel (uncooked). Upon finding Fred unexpectedly rifling through his pantry, the neighbour tried to apprehend Fred, but Fred was hefty in size, agile in the frame, and lethal in demeanour, and the neighbor did suffer a severe blow to his pate and the King, thereby, suffered discord to his peace and to his crown Hearing the fray and seeing Fred flee from the domicile, a hue and cry went up as Fred fled through the village and out into the nearby thicket and wood, where Fred met up with Robin and his Merry Band and in fact Fred did make merry and also did make marry some months hence upon meeting Mable, a local realm damsel Fred lived a life of sylvan harmony until the Great King Arthur returned from the Crusades and exonerated Fred, giving Fred dominion over the entire gruel stores of the realm, (Mable became chief in charge of porridge.)

11. Fred, prior to the pardon, did not have the protection of any law and legally could be killed by anyone, even without cause, and the person would not be held to a crime.
12. Fred had a trial, as per the story, was found to be guilty, and was thereafter an outlaw, until the pardon.
13. If Fred's malfeasance had been done several years prior to the conquest of the Normans, Fred's punishment might have been limited to restitution to the victim.
14. Willy's law is the basis of criminal law today.
15. Trial by ordeal did not use witnesses but relied upon Divine intervention.
16. It appears that Fred violated procedural law, in the story above.
17. In the story above, the king would likely be replaced by the People in our modern times.
18. Attorneys are people who "become" their clients and stand in a client's place, whereas a lawyer is someone who does the law, not necessarily for a client.
19. In the story above, if Fred had not run, but in fact was innocent, and could show himself to be innocent, and went to trial, no bodily harm would befall Fred in the course of the trial.
20. The basis of English law is from customs and traditions which are known to the people. Such law is called common law or judge-made law.
21. Legal Positivism is the idea that there is no law higher than the laws enacted by a sitting government Natural I law is the idea that there are laws that are not simply rules thought un by a government but rather the ultimate law comes from God Deity and Nature Our Constitution is based upon Natural Law.
22. The sociological school of legal thought is one that suggests that the law is to be used to promote justice (however that might be defined by this school of thought). even if it might be contrary to the desires of the people and the customs of the day.
23. Statutes are laws that are "made-up" by representatives of the people. Even if a person is not aware of a particular statutory law. the person is treated as if they are aware and are obliged to follow the law Common law bv contract is a law which is based in tradition and history more known by the people
24. One of the differences between civil code countries vs common law countries is that the determination of the outcome of a trial in a civil code country will not be contingent upon following what happened in earlier cases, thereby not assuring that all people will be treated the same.
25. The vesting or implementing within a single government entity the power of law making. law enforcement. and law interpretation powers has at least the appearance of being in
violation of the doctrine of the separation of powers as nut fourth in the United States Constitution The Food and Drug Administration and the Environmental Protection Agency are such organizations
26. Examples of equitable remedies would be the imposition of monetary fines or imprisonment. compared with remedies at law which might entail causing someone to do something (specific performance.)
27. A statute of limitations is similar to the equitable theory of "laches."
28. When arguing before a court, an attorney should refer to primary law when there is a question of what law Annelies. or the interpretation of law Primary law can be law taken from a scholarly work such as a professional article or from legal cases and statutes
29. Fred opened his restaurant "Hunkburgers" which specialized in big sandwiches. The FDA (Food and Drug Administration) decided to make, implement, and enforce rules as to newly started restaurants. The FDA inspected Fred's place, found him to be in violation of several of their rules. and then decided to shut down his business These same legislative-executive-judiciary actions would have been unConstitutional if they had been undertaken by any one of the three branches of the federal government
30. The origin of US law is primarily English law,
31. Alfred King of the Saxons introduced greater centralization of law in England by requiring that disputes be brought to the King for evaluation and resolution
32. In the U.S. There is a sort of "double" legal system; one for civil matters and the other for business matters.
33. Physical punishment has primarily to do with civil matters. whereas financial banishment has to do with criminal matters
34. In our legal system. only primary law determines what the law is.
35. If a statute is unclear as to its meaning. enforcement of such a law is likely unconstitutional.
36. The government can do ONLY those things which it is allowed to do by the Constitution
37. The people can do ANYTHING which is not specifically disallowed by Constitutional law.
38. A court of law or an expert in the law are equally authoritative as to the meaning of the law
39. A law can be unConstitutional because of overbreadth and also because of ambiguity.
40. The UCC is a body of law that regulates the affairs of the United Confederacy of Commerce.
41. In the US court system. it is required that the courts follow precedence If one is confronted with a law unfavourable to that person, the law must be followed unless it can be shown that the circumstances are sufficiently different to make the law inapplicable.
42. As with a common law system. a civil law system closely follows the precedence
43. Historically. precedence can and has been overturned by the Supreme Court.
44. Equity has generally merged with law. If a rule of law seems unfair, the courts are bound to follow the rule, even though it does not seem to be equitable. The people acting as jurors are not so bound.
45. A remedy in equity is when the court orders a person to do or to refrain from doing something A remedy in law imposes a penalty, if warranted, rather than requires a behavior or the lack thereof.

Fred, a serf in &quot;Olde Medieval England&quot; was found to have...

Fred, a serf in "Olde Medieval England" was found to have...