Gavin Howe
The US legal system is based on English common law, which is a system that relies on caselaw and legal precedent to guide decisions, as opposed to civil law systems, which rely on codes and statutes. The US inherited the body of caselaw developed by English courts until it declared independence. The US has its own common law and courts are expected to adhere to stare decisis, a principle that ensures uniformity and consistency. Jury trials in the US are also fashioned after British jury trials, with both systems sharing key elements such as a presiding judge, prosecutor, defence counsel, witnesses, and a court stenographer. However, despite the similarities, the US and English legal systems have diverged significantly over time, with the most striking differences found in the area of public law.
| Characteristics | Values |
|---|---|
| Jury trials | Share several key elements, such as a presiding judge, prosecutor, defense counsel, witnesses, and a court stenographer |
| Jury trials | Only required if an individual may face punishment of over six months imprisonment |
| Criminal justice system | Based on the presumption of innocence, with guilt needing to be proven beyond a reasonable doubt |
| Tort law | Many fundamental principles come directly from England |
| Appointment of judges | Originally controlled by the British monarch; now involves the Lord Chancellor, an independent selection commission, senior politicians, and current judges |
| Common law | Based on court decisions rather than codes or statutes |
| Common law | Derived from English common law |
| Common law | Adheres to the principle of stare decisis, or following previous rulings |
| Common law | Contrasted with civil law systems, which rely on codes and statutes |
| Divorce law | Most common-law countries follow the English model, allowing judges to use their discretion in reallocating property and income |
| Privacy law | A notable U.S. tort is interference with privacy, which is not a right in England |
| Contract law | Similar in common-law countries, with some differences in enforcement by third parties |
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What You'll Learn
Jury trial fundamentals
The US legal system is fashioned after the British legal system, and the US inherited the body of case law developed by English courts until it declared independence. The US has its own common law and asks its courts to adhere to stare decisis, a principle of English common law. Jury trials in the US are also fashioned after British jury trials, and they share several key elements, including a presiding judge, prosecutor, defence counsel, witnesses, and a court stenographer.
A trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. Twelve jurors are selected randomly from the jury pool, a list of potential jurors compiled from voter registration records of people living in the Federal district. When selecting the jury, the prosecutor and defence attorney may not discriminate against any group of people. Both lawyers are allowed to ask questions about their potential biases and may excuse jurors without providing a reason by using a limited number of "peremptory challenges". The process of questioning and excusing jurors continues until 12 jurors are accepted. Alternate jurors may also be selected. The judge and attorneys agree that these jurors are qualified to decide impartially and intelligently on the factual issues in the case.
During the trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime. The defendant, represented by an attorney, also tells their side of the story using witnesses and evidence. The judge, who is the impartial person in charge of the trial, decides what evidence can be shown to the jury and rules on any objections.
After the defence's direct testimony and cross-examination by the prosecutor of all the witnesses, the defence rests, and the prosecutor and defence attorney prepare for closing arguments. Closing arguments are the final opportunity for the attorneys to summarise the testimony and evidence and ask the jury to return a verdict. Following the closing arguments, the judge informs the jury of the appropriate law and what they must do to reach a verdict. The jury then deliberates in private and must only consider the evidence presented in the courtroom, although they can draw reasonable conclusions from the evidence.
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US common law legal systems
The US legal system is based on English common law, which has been inherited and adapted over time. Common law is a system that relies on past judicial decisions and legal precedent to guide future ones, as opposed to civil law systems, which rely on codes and statutes. The US has its own common law and follows the principle of stare decisis, which means that previous court decisions are precedent and therefore binding. This is a key difference between common law and civil law systems.
English common law forms the basis of the US legal system, particularly in the area of injury or tort law. For example, a notable US tort is interference with privacy, which includes using a person's photograph for advertising without permission or taking photographs of people in embarrassing situations. While England and the US have diverged significantly in their legal approaches over time, the US has also incorporated English legal principles, such as the presumption of innocence in criminal cases.
US jury trials are also modelled after British ones, with both sharing key elements such as a presiding judge, prosecutor, defence counsel, witnesses, and a court stenographer. Additionally, the US and England have similar approaches to contract law, with some differences in the enforcement of contracts by third parties. For instance, English law typically excludes the rights of third parties to enforce a contract unless specified by statute, while US state law generally allows it.
While the US has its own common law system, English law is occasionally cited in court decisions. For example, in Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court referenced English law from the 13th century in its analysis of abortion. However, such instances are rare, as American courts now primarily rely on American precedents and materials.
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US courts citing English law
The US legal system is fashioned after the British legal system, and the US inherited the body of case law developed by English courts until it declared independence. The US has its own common law and adheres to stare decisis, a principle that originated in Britain's common law.
While English cases were historically more widely reported and cited in the US, this has become less common as American precedents have been set. Today, American courts rarely cite foreign materials, and when they do, it is usually only a passing reference to basic principles or a famous old case.
However, there are some recent examples of US courts citing English law. In Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court majority cited English law from the 13th century to inform their analysis of abortion. In another case, Oil States Energy Services, LLC v. Greene's Energy Group, LLC, the structure and function of the Privy Council in 18th-century England were used to defend a statutory scheme in 21st-century America. Additionally, in a 2018 case, there were passing references to the Fourth Amendment, including citations of cases of comparable vintage to English common law.
Despite the influence of English common law on the US legal system, the two systems have diverged significantly over time, particularly in the area of public law. England has no written constitution and restricts judicial review, while the US has a complex federal system and its courts have the power to pass judgment on the conformity of legislation and official actions to constitutional norms.
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US adoption of British jury trials
The United States adopted the British jury trial system as it was previously a British colony and adopted the English common law system. Many English colonies, including the Thirteen Colonies, which later became the United States, adopted the jury trial system.
The history of trial by jury in England is influential because many English and later British colonies adopted the English common law system, in which trial by jury is an important part. According to George Macaulay Trevelyan in 'A Shortened History of England' (1958), the Scandinavians introduced the habit of making committees among the free men in court, which perhaps made England favourable ground for the future growth of the jury system out of a Frankish custom later introduced by the Normans.
In 1670, two Quakers charged with unlawful assembly, William Penn and William Mead, were found not guilty by a jury. The judge then fined the jury for contempt of court for returning a verdict contrary to their own findings of fact and imprisoned them until the fine was paid. Edward Bushel, a member of the jury, refused to pay the fine and petitioned the Court of Common Pleas for a writ of habeas corpus. The ruling in Bushel's Case was that a jury could not be punished simply because of the verdict it returned.
In the 18th century, the right to trial by jury came under attack in the colonies as the British rulers suppressed the right in order to limit challenges against their authority and quell calls for American independence. This suppression became a focal point for revolutionaries, with the South Carolina General Assembly declaring in 1751 that anyone who sought to deprive them of "the glorious privilege of trial by jury" was an enemy of the people of the colony. The Stamp Act Congress of 1765 wrote that "trial by jury is the inherent and invaluable right of every British subject in these colonies".
The right to trial by jury was also cited as one of the causes of the American Revolution. In the Declaration of Causes and Necessity of Taking Up Arms, the Continental Congress cited the denial of "the accustomed and inestimable privilege of trial by jury, in cases of both life and property". In 1776, in the Declaration of Independence, the charges against Britain’s King George III included, “Depriving us in many cases, the benefits of trial by jury.”
The right to trial by jury was also guaranteed in the United States Constitution and the Fifth, Sixth, and Seventh Amendments of the U.S. Constitution, which extend the right to a jury trial for both criminal and civil matters and a grand jury for serious cases.
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US common law and civil law
The US legal system is based on the British legal system, which is a common law system. Common law is usually contrasted with the civil law system, which is used in Continental Europe, Mexico, most of Central and South America, and some African countries including Egypt and the Francophone countries of the Maghreb and West Africa. Common law systems trace their history to English common law, while civil law systems trace their history through the Napoleonic Code back to the Corpus Juris Civilis of Roman law.
In the US common law system, crime victims are not parties to the criminal case, but their interests are represented by the state through the prosecutor's office. In a civil law system, victims may be able to be a party to the case, called a "partie civile". In the US, the federal court system is based on a system of "jurisdictions", the geographic distribution of courts of particular levels. The jurisdiction in which a case arose will determine which courts' decisions will be binding precedents. The principle of stare decisis, which is Latin for "to stand by things decided", is a key aspect of common law. This principle ensures uniformity and makes common law more consistent.
In the civil law system, an initial court with an investigative judge decides if the case should move forward for prosecution. The investigative judge may instruct the police to perform further investigations or request more information before making a decision. Once the case moves beyond this initial court, the court where the case is tried may have one or even three judges. Here, the judge plays a more involved role at the trial in questioning witnesses and hearing evidence than a judge in the common law system.
The US inherited the body of case law developed by English courts until it declared independence. The US has its own common law and asks its courts to adhere to stare decisis. Jury trials in the US are fashioned after British jury trials, and they share several key elements, such as a presiding judge, prosecutor, defence counsel, witnesses, and a court stenographer. The US has also incorporated Britain's version of "innocent until proven guilty", which forms the basis of its criminal justice system today.
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Frequently asked questions
The US legal system is based on English common law, but the US declared its independence from England in 1776 and has since developed its own common law. While the US still occasionally cites English common law, it is usually for basic principles or historical context.
Common law is a legal system that relies on past judicial decisions and legal precedent to guide future ones, as opposed to civil law systems that rely primarily on codes and statutes.
In Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court cited English law from the 13th century to inform their analysis of abortion. In Oil States Energy Services, LLC v. Greene's Energy Group, LLC, the structure and function of the Privy Council in 18th-century England were used to defend a statutory scheme in 21st-century America.
The United States inherited the English common law system as it was once part of the British Empire. The English language, customs, and practices of the US also relate back to England.
While both systems are based on common law, they have diverged significantly over time. One notable difference is that England has no written constitution and restricts judicial review, whereas US courts can pass judgment on the conformity of legislation and official actions to constitutional norms.
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