Cameron Miranda
The American legal system is based on federalism, which means that the government is divided into federal (national) and state levels. The US has 51 different legal systems – one federal system and one for each of the 50 states. While the federal government possesses significant powers, individual states retain powers that are not specifically enumerated as exclusively federal. All of these systems fall within the common-law tradition, except for Louisiana, which is based on Napoleonic civil code.
Common law is derived from judicial decisions instead of statutes. US courts originally fashioned common-law rules based on English common law, but American law has since diverged greatly from its English ancestor.
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What You'll Learn
Common law in America is rooted in English common law
The American legal system is rooted in the English common law system, which dates back to the Middle Ages and the period following the Norman Conquest in 1066. This system, known as "common law", was implemented across the British Isles and later spread to the colonies of the British Empire.
In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and common law (which includes case law). Common law, in this context, refers to the body of law developed through judicial decisions and precedent rather than statutes. It is deeply rooted in the principle of stare decisis, which means "to stand by things decided". This principle dictates that courts follow precedents established by previous decisions, ensuring stability and consistency in the legal system.
While American law has diverged significantly from its English predecessor, the influence of English common law can still be seen in various aspects of the American legal system. All U.S. states, except Louisiana, have enacted "reception statutes", which generally state that the common law of England, particularly judge-made law, is the law of the state unless it conflicts with domestic law or indigenous conditions. These reception statutes often impose a specific cutoff date for reception, such as the date of a colony's founding.
Despite the presence of these statutes, American common law has evolved independently and differs greatly from English common law in many areas, particularly in public law. For example, while most common-law countries follow the English model of allowing judges to use their discretion in reallocating the property and income of spouses during divorce proceedings, some American states adhere to the principle of equal division of assets. Additionally, American law has incorporated civil law innovations and is influenced by its complex federal system and presidential form of government.
In summary, while the American legal system is rooted in English common law, it has developed and diverged significantly over time, resulting in distinct legal approaches and differences between the two systems.
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Federalism and the two levels of government
Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g. provinces, states, cantons, territories, etc.), dividing governing powers between the two levels. The term federalist comprises various political practices that differ significantly among so-called federalist nations.
In the United States, federalism refers to the formal legal relationship between the national government and the state governments. The US Constitution contains the Supremacy Clause, which establishes that federal law supersedes state law in the event of a conflict. The Tenth Amendment of the Bill of Rights further defines the balance of power between the federal and state governments, reserving powers to the states that are not delegated to the federal government. This type of federalism, where government power is clearly divided between the two levels, is known as dual federalism or "layer-cake" federalism.
Over time, the relationship between the federal and state governments in the US has evolved into a more flexible and collaborative model, known as cooperative or "marble-cake" federalism. This form of federalism emerged during the New Deal era, where the federal and state governments shared power and worked together to address specific issues.
The concept of federalism in the US is closely tied to the idea of non-centralization, where governing power is diffused among multiple centres, and the authority to exercise political power rests with both the general and state governments. This non-centralized structure aims to ensure citizen participation in decision-making and protect the distinctive priorities and needs of the population.
In conclusion, federalism in the United States involves a complex interplay between the national government and the state governments, with power shared or divided between these two levels according to the US Constitution. The evolution of American federalism has resulted in a more collaborative and flexible approach, allowing for innovation and citizen engagement in the political process.
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State laws and court systems
The United States has 51 different legal systems: the federal system and one for each of the 50 states. These systems mostly fall within the common law tradition, with the partial exception of Louisiana, which is based on Napoleonic civil code. Each state has its own state constitution, governmental structure, courts and state-specific laws. The American legal system is based on a system of federalism, or decentralisation. While the national or "federal" government possesses significant powers, the individual states retain powers not specifically enumerated as exclusively federal.
Most states have court systems that mirror that of the federal court system. The federal court system is based on a system of "'jurisdictions', the geographic distribution of courts of particular levels. For instance, there is only one Supreme Court, but the court of appeals is divided into 13 circuits, and there are 94 district courts. Each state court system comprises its own "jurisdiction". The jurisdiction in which a case arose will determine which courts' decisions will be binding precedents.
The American legal system is adversarial and is based on the premise that a real, live dispute involving parties with a genuine interest in its outcome will allow for the most vigorous advocacy and, therefore, the best chance of a just result. American judges, like common law judges elsewhere, not only apply the law but also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases.
At the state level, legislatures often subsequently codify common law rules from the courts of their state, either to give the rule the permanence afforded by a statute, to modify it or to replace the outcome entirely with legislation. For example, in 2018, the California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court articulated a three-part test for determining whether California workers were independent contractors or employees for purposes of California labor law. The California Legislature responded by creating a new section of the Labor Code, 2750.3, which codified and expanded on the Dynamex holding and went into effect on January 1, 2020.
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The role of precedent in common law
The United States legal system is based on federalism, or decentralisation, with the national or "federal" government holding significant powers, while individual states retain powers not specifically enumerated as exclusively federal. The American legal system is a "common law" system, which relies heavily on court precedent in formal adjudications.
Common law, also known as judicial precedent, judge-made law, or case law, is the body of law primarily developed through judicial decisions rather than statutes. It is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. The presiding judge determines which precedents to apply in deciding each new case.
In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law). While American law has diverged greatly from its English ancestor, the substance of English law was formally "received" into the United States in several ways. All U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions.
While common law systems place great weight on precedent, civil law judges tend to give less weight to judicial precedent. For example, in some civil law jurisdictions, the judiciary does not have the authority to invalidate legislative provisions. However, it is important to note that not all precedents satisfy the rule of law, and a precedent is a non-normative fact. A precedent may make no normative difference in the decision of a later court, and a later court may offer reasons for not following a relevant precedent.
In the United States, the role of precedent in common law has evolved over time. While ancient maxims and rigid adherence to precedent were once common, critical discussion of these practices began in the late 19th century. Today, American judges, like common law judges elsewhere, apply the law and make the law, as their decisions become precedent for future cases.
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Common law in America today
The American legal system is based on federalism, with the national or "federal" government possessing significant powers, while individual states retain powers not specifically enumerated as exclusively federal. This means that the United States has 51 different legal systems: the federal system and one for each of the 50 states.
Most of these systems fall within the common-law tradition, except for Louisiana, which is based on Napoleonic civil code. The term "common law" refers to the American system as a "common law" system, which relies heavily on court precedent in formal adjudications. 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. While common law systems place great weight on precedent, civil law judges tend to give less weight to judicial precedent.
American law has diverged greatly from its English ancestor in terms of substance and procedure and has incorporated civil law innovations. In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law). Common law, in this case, refers to law derived from judicial decisions instead of statutes. American judges, like common law judges elsewhere, not only apply the law but also make the law, to the extent that their decisions become precedent for future cases.
At the federal level, the Constitution establishes the executive, legislative, and judiciary branches of government. The federal court system is based on a system of "jurisdictions", the geographic distribution of courts of particular levels. There is only one Supreme Court, but the court of appeals is divided into 13 circuits, and there are 94 district courts. Each state court system comprises its own "jurisdiction".
At the state level, legislatures often subsequently codify common law rules from the courts of their state, either to give the rule permanence, to modify it, or to replace it entirely with legislation. State constitutions, statutes, and regulations are subject to judicial interpretation like their federal counterparts. An example of this is the 2018 California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court, which articulated a three-part test for determining whether California workers were independent contractors or employees. The California Legislature responded by creating a new section of the Labor Code, 2750.3, which codified and expanded on the Dynamex holding.
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Frequently asked questions
Common law is law that is derived from judicial decisions instead of from statutes.
The American legal system is a common law system, which relies heavily on court precedent in formal adjudications. All U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England is the law of the state.
The American legal system has diverged greatly from its English ancestor. For example, in the area of divorce law, some American states have eliminated fault grounds entirely, instead adhering to the principle of equal rather than discretionary division of assets.
