Kara Sears
The American legal system is based on federalism, where individual states retain powers that are not held exclusively by the federal government. The law of the United States is largely derived from the common law system of English law, which was in force during the American Revolutionary War. However, American law has evolved significantly and incorporated civil law innovations. While the term common law may evoke confusion, it generally refers to the reliance of the American legal system on court precedent in formal adjudications. U.S. courts, as common law courts, have inherited the principle of stare decisis, where decisions made by judges become precedents for future cases. Despite the presence of reception statutes, American common law has diverged from English common law, and American courts rarely follow post-Revolution precedents from England.
| Characteristics | Values |
|---|---|
| Definition of Common Law | West's encyclopedia of American law defines common law as "The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts." |
| Basis of the American Legal System | The law of the United States is largely derived from the common law system of English law, which was in force at the time of the American Revolutionary War. |
| Sources of American Law | Constitutional law, statutory law, treaties, administrative regulations, and common law (including case law). |
| Stare Decisis | U.S. courts have inherited the principle of stare decisis, where judges apply and make law through their decisions, creating precedents for future cases. |
| Federalism | The American legal system is based on federalism, or decentralization, with the national government and individual states retaining specific powers. |
| Jurisdiction | It refers to the formal power of a court to exercise authority over a matter, and also defines the geographic distribution of courts within the federal court system. |
| Common Law Marriage | Common law marriages are recognized in the District of Columbia and some states, but the status varies across the country, with some states not permitting it. |
| American Rule | In the American Rule, parties generally bear their own attorneys' fees, with some exceptions, as opposed to the English Rule where the losing party pays. |
| Court Hierarchy | The federal court system has three levels: District Courts, Court of Appeals, and the Supreme Court, with decisions from higher courts being binding on lower courts. |
| Legislative Function of Courts | Courts have historically performed a legislative function, but with more comprehensive legislation, they now operate within narrower limits of statutory interpretation. |
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What You'll Learn
The influence of English common law
English common law, which was in force in British America at the time of the American Revolutionary War, forms the basis of the US legal system, except in the state of Louisiana. All other US states have enacted ""reception statutes"" which 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.
The common law of England was largely created after the Norman Conquest of 1066, though it was also influenced by the body of rules developed by the Anglo-Saxons, especially after the accession of Alfred the Great in 871. The doctrine of precedent in common law developed during the 12th and 13th centuries, and it is maintained over time through court records.
While the US legal system has diverged significantly from English common law, particularly in terms of substance and procedure, the influence of English common law can still be seen in various aspects of American law. For example, the principle of stare decisis, which requires courts to follow the decisions of higher-level courts within the same jurisdiction, is inherited from English common law. Additionally, the US legal system is based on federalism or decentralization, with individual states retaining powers not specifically enumerated as exclusively federal, mirroring the structure of the federal court system.
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The role of state law
In the United States, state law refers to the law of each separate U.S. state. The fifty states are separate sovereigns, each with its own constitution, government, and courts. Each state has a legislative branch that enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances.
States retain the power to make laws covering anything not otherwise preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. State supreme courts are typically the final interpreters of state institutions and state law, unless their interpretation presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court.
The law of the United States is largely derived from the common law system of English law, which was in force in British America at the time of the American Revolutionary War. However, American law has since diverged significantly from its English ancestor, both in terms of substance and procedure, and has incorporated a number of civil law innovations. 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.
Some states, such as California, Montana, North Dakota, and South Dakota, have largely enacted civil codes, while others, such as Georgia, have initiated their own full codification independent of proposed civil codes. In some states, codification is treated as a mere restatement of the common law, while other states strictly adhere to the plain text of the codes.
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Federal court systems
The American legal system is based on a system of federalism, or decentralization. While the national or “federal” government has significant powers, individual states retain powers not exclusively federal. Most states have court systems that mirror the federal court system.
The federal court system is based on a three-tiered structure. The United States District Courts are the trial-level courts, the United States Court of Appeals is the first level court of appeal, and the United States Supreme Court is the final arbiter of the law. There are 94 district courts, and the court of appeals is divided into 13 circuits. Each state court system comprises its own “jurisdiction”. The jurisdiction in which a case arose determines which courts’ decisions will be binding precedents.
The Supreme Court is the highest court in the United States. It has interpreted the Constitution as placing some additional restrictions on the federal courts. For example, the doctrines of mootness, ripeness, and standing prohibit district courts from issuing advisory opinions. The Supreme Court Police provide security for the Supreme Court building.
The United States courts of appeals are the intermediate federal appellate courts. They must hear all appeals of right from the lower courts. There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called U.S. courts of appeals. The appellate court’s task is to determine whether the law was applied correctly in the trial court or federal administrative agency. Decisions of the U.S. Courts of Appeals can be appealed to the Supreme Court, but the Court of Appeals is the final stop for most federal cases.
Federal laws are passed by Congress and signed by the President. The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. Judges depend on the executive branch to enforce court decisions.
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Common-law marriages
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is currently recognised in a small number of states. The origins of common-law marriage are uncertain, but it is arguably the original form of marriage, where a couple took up residency together, presented themselves as a married couple, and otherwise behaved as one.
The recognition of common-law marriages varies across the US, with 13 states never permitting them, and 28 no longer allowing them to be contracted within their jurisdiction. All states, however, recognise validly contracted foreign common-law marriages, as they recognise all validly contracted foreign marriages. For example, California abolished common-law marriage in 1895 but will recognise any valid out-of-state common-law marriage.
The term "common law" refers to the legal system of English law, which was in force in British America at the time of the American Revolutionary War. 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. Common law systems trace their history to English common law, while civil law systems trace theirs through the Napoleonic Code back to Roman law.
In common law systems, precedents are maintained over time through court records and historically documented in collections of case law. Common law is defined as:
> The ancient law of England based upon societal customs and recognised and enforced by the judgments and decrees of the courts.
In the US, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and common law (which includes case law).
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The principle of stare decisis
Stare decisis ensures that cases with similar facts and scenarios are approached in the same way. It fosters predictable, unbiased, and consistent development of legal principles, thereby increasing reliance on judicial decisions and contributing to the integrity of the judicial process. This principle is especially important in the U.S. common law structure, where stare decisis is at the core of deciding legal matters.
There are two aspects to the stare decisis concept: horizontal and vertical. Horizontal stare decisis refers to a court adhering to its own precedent. For example, if a court of appeals follows the ruling of a previous case heard by the same court of appeals, that would be horizontal stare decisis. Vertical stare decisis, on the other hand, holds that the decisions of higher courts take precedence over the decisions of lower courts. This idea is deeply entrenched in the American legal system and is part of what makes the Supreme Court the highest court in the nation. All states are bound to follow the rulings and precedents of the Supreme Court.
While stare decisis promotes consistency and predictability in the law, it is not without its limitations and nuances. For example, judges may offer reasons or legal nuances to avoid following precedential decisions or to overturn prior rulings if they believe that following precedent would lead to unjust outcomes. This is especially true as society and its beliefs change over time, and the law must adapt to evolving cultural, social, economic, and other conditions. Therefore, while stare decisis provides a framework for decision-making in the American legal system, it is not a static doctrine and allows for flexibility and interpretation by the courts.
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Frequently asked questions
Common-law marriages are recognized in the District of Columbia and some states, including California, Utah, and the Commonwealth of the Northern Mariana Islands. However, the recognition criteria vary across states.
Common law is defined as "the ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts." It is characterized by case-based reasoning and the principle of stare decisis, where decisions made by higher-level courts are followed by lower courts.
Common law systems, like that of the US, rely on court precedent and judge-made law, while civil law systems, prevalent in Continental Europe and Latin America, are based on written decisions and codes like the Napoleonic Code.
The US federal court system has a hierarchical structure with three levels: the US District Courts, the US Court of Appeals, and the US Supreme Court. The decisions of higher-level courts are followed as binding precedents by lower courts, ensuring a consistent body of law.
While most US states have court systems mirroring the federal structure, each state has its own jurisdiction and laws. States like Louisiana have unique legal systems, and recognition of common-law principles can vary, with some states no longer permitting common-law marriages.
