Ryan Paytes
BLS 342
Causes of Action and Hoebel’s Law
The causes of action for tort, criminal, and property law can be dated back to the Elizabethan Age. Under the reign of the Tutors, there original way to file a lawsuit, and the only way to file a lawsuit was by use of a writ. There were multiple types of writs within in this system. This “writ system” is still in tact today and it actually helped to form our different types of law, i.e. tort, criminal, and property. Within this writ system during the Elizabethan Age, the idea of clear and convincing evidence was created. If 75% or more of the evidence was on your side, there was clear and convincing evidence for the judge. Under this civil law, both law judges and civil judges were created. Equity often involved non-money remedies, real estate, and other lawsuits with no adequate remedy of law. With equity, we use the presumption of innocence. The burden of proof needed has to be beyond reasonable doubt. In other words, it needs to be 95% or greater. These Equitable issues are decided strictly by the judge and are based on fact. This form of law was adapted by the United States and it has a direct influence in tort law, property, and criminal law. However, In the United States, Equity and Law have been combined.
These different causes of action are related together and they also relate to Hoebel’s Functions of law. In each of these, it is the plaintiff that must prove with clear and convincing evidence. The benefit of the doubt is always given to the defendant. These different causes of action relate to Hoebel’s four functions of law, specifically its purpose of resolving conflict when it rises in society. He states that a “peaceful settlement of conflict is an important function of law.” ‘”Where there is a wrong, there must be a remedy.”’ This is a direct translation of the beliefs of causes of action.