Kara Sears
The UK and the US have different laws and legal systems, despite sharing a common history and similarities in their proceedings, evidence presentation, and rulings. The US legal system was historically based on the British system but has since evolved independently, resulting in notable differences in areas such as libel laws, court structures, legal professional roles, and the handling of criminal records. These differences can have significant consequences, especially in international trade and contract law. Understanding these distinctions is crucial for compliance when operating across borders.
| Characteristics | Values |
|---|---|
| Libel laws | In the US, the burden of proof rests with the person who claims to have been libelled. In the UK, it's up to the person who made the allegedly defamatory statement to prove that it was true. |
| Court systems | The US has Federal and State courts, while the UK has courts that handle minor criminal offenses and civil disputes, presided over by magistrates. |
| Legal training | In the US, lawyers must complete a three-year education in law school after a four-year undergraduate degree. In the UK, lawyers begin their career with an undergraduate course, then choose to specialize as a barrister or solicitor. |
| Criminal records | In the US, certain criminal records can be sealed or expunged permanently. In the UK, there is no legal process to delete a court conviction from your record. |
| Jury selection | In the US, both sides try to get jurors who are sympathetic to their case. In the UK, jurors are randomly allocated, and lawyers have no input into the process. |
| Reporting restrictions | The UK has strict restrictions on what the press can report before and during a trial to ensure a fair trial. |
| Jaywalking | In the US, jaywalking (crossing the road where not allowed) is usually illegal. In the UK, there is no jaywalking offense. |
| Citizenship | In the US, birthright citizenship means that anyone born on US soil is an American citizen. In the UK, birth on UK soil does not automatically confer citizenship, there must be other circumstances, such as having a parent who is a citizen or permanent resident. |
| Council tax | In the UK, renters owe "council tax" for local services. In the US, renters do not owe local property taxes. |
| Farming and meat processing | Some US farmers use pesticides and antibiotics banned in the UK. The US also bans the import of animal lung, affecting traditional UK dishes like haggis. |
| Cannabis | In the US, cannabis has been legalized in 21 states and decriminalized in 10. In the UK, it is a Class B drug but has been legalized for medical use. |
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What You'll Learn
Legal training and titles of lawyers
The legal systems in the US and the UK have evolved from the same common law, and there are similarities in proceedings, evidence presentation, and rulings. However, the two nations have distinct legal training programs and lawyer titles.
In the UK, aspiring lawyers can pursue a three-year LLB program or an undergraduate degree in another field followed by a one-year GDL (Graduate Diploma in Law) conversion course. After this, they can opt for the Bar Professional Training Course (BPTC) or Legal Practice Course (LPC), which are one-year courses for aspiring barristers and solicitors, respectively. Following this, barristers undergo a one-to-two-year study program and then pupillage in barristers' chambers, while solicitors register with the Solicitors Regulation Authority for training. The UK also offers the Chartered Institute of Legal Executives' (CILEx) training program, which confers the title of "chartered legal executive." Paralegals, who are not qualified as solicitors or barristers, provide legal support by preparing notes and interviewing clients and witnesses.
In the US, law is typically not studied as an undergraduate degree. Instead, students complete a four-year undergraduate program before attending law school. They must pass the LSAT, which assesses reading comprehension, logical reasoning, and pattern recognition skills, to gain admission to law school, where they study for a Juris Doctor (JD) degree in law. After law school, they must pass the state bar exam to join the Bar Association in their state. Attorneys or solicitors in the US can be called "corporate" or "transactional," depending on their specialisation.
While the UK and US legal systems share a common origin, their approaches to legal education differ significantly. These differences in training and lawyer titles reflect the unique characteristics of each country's legal framework.
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Libel laws
English defamation law considers statements that could damage someone's public image among "right-thinking members of society" or cause serious harm to their reputation as libellous. The burden of proof lies with the publisher of the potentially libellous statement, and they must provide evidence to support their claims. Truth can be a defence, but it must be substantiated. Companies are also considered legal persons in English law and can sue for libel, as seen in cases such as South Hetton Coal Co. Ltd. v. North Eastern News Ass'n Ltd. [1894] and McLibel, where McDonald's sued several protesters.
US libel laws, on the other hand, are influenced by the First Amendment, which shields journalists from defamation claims. For a defamation claim to succeed in the US, the claimant must prove that the allegations are false and disseminated with malicious intent. The Supreme Court has clarified that "criminal libel" law was not abolished by the First Amendment, and some states continue to uphold criminal libel statutes. The most recent ruling regarding criminal libel was Ashton v. Kentucky (1966), which held that common-law criminal libel was too indefinite to be prosecuted.
The differences in libel laws between the UK and the US have had notable impacts. For instance, UK Prime Minister John Major successfully sued several periodicals over stories about an alleged affair, leading to the closure of one publication. In contrast, it was revealed after Jimmy Savile's death that hundreds of people accused him of abuse when they were children, but these accusations were not published in British media due to fears of litigation. Additionally, journalists Tom Burgis and Catherine Belton faced libel suits over their books about Russian President Vladimir Putin's regime and corruption in the former Soviet Union.
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Court systems
The US and UK legal systems share similarities, as they have both evolved from the same common law. However, there are several differences between the two systems. The UK has a Tribunal System where professional tribunals have the authority to impose fines and penalties based on the evidence and facts of the case. In the UK, there are specific courts that handle minor criminal offenses and civil disputes, presided over by magistrates who hear almost 95% of criminal and other cases. In the US, there are distinct courts for hearing criminal and civil cases.
The UK and US have a three-level court hierarchy, with the Supreme Court being the highest judicial body in both countries. In the US, the lowest federal tier is the District Court or Trial Court, followed by the Circuit Courts. State common law courts apply their respective state laws and are presided over by a single judge. The state Supreme Court oversees the workings of the lower courts. In the UK, the High Court handles most civil cases, including family law and money matters.
Another difference lies in the treatment of criminal records. In the UK, court convictions cannot be deleted from permanent records, while in the US, certain types of criminal records can be sealed or expunged permanently, making them inaccessible even to the court or prosecutor.
The US Supreme Court operates under the "'rule of four," where a petition is granted if at least four justices vote in favor. In contrast, the UK Supreme Court requires an aggrieved party to first seek permission from the Court of Appeal before appealing to the Supreme Court.
Law clerks are an integral part of the US legal system, with each Supreme Court justice entitled to appoint four law clerks for a judicial year. In the UK, law clerks are typically recent law school graduates with up to two years of legal practice experience.
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Citizenship laws
The US and UK legal systems have evolved from the same common law and share similarities in proceedings, evidence presentation, and rulings. However, differences exist in their legal frameworks, including citizenship laws. Both countries permit dual citizenship, allowing individuals to hold passports from both nations and enjoy the rights and responsibilities of both, including the ability to live, work, and travel freely within each.
To obtain British citizenship, individuals must apply for naturalisation and meet specific requirements. These include meeting the residence requirement of typically five years in the UK, having indefinite leave to remain, and passing a British citizenship test. UK law does not allow for the deletion of court convictions from criminal records, which can last up to 30 years.
US citizenship laws differ in that certain criminal records can be sealed or expunged permanently with the help of specialised lawyers. The US legal system has Federal and State courts, with most State courts retaining powers that Federal courts may not override. Lawyers in the US become attorneys after completing law school and passing the state bar exam, while UK lawyers become barristers or solicitors after undergraduate legal studies and additional training.
US citizens applying for dual citizenship in the UK need permission to remain until citizenship is granted. They must also comply with the laws and obligations of both countries, including tax requirements. While the US does not specifically mention dual nationality, it does not prohibit citizens from holding dual citizenship.
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Council tax laws
The UK and the US have distinct legal systems with their own unique laws and regulations. While both countries share similarities in their legal proceedings, presentation of evidence, and rulings, there are notable differences, especially when it comes to specific areas of law, such as contract law and libel laws.
Now, when it comes to council tax laws, the UK and the US have different approaches. In the UK, Council Tax is a local tax levied on owners or occupants of rental buildings. It is a form of property tax based on the value of the property. Local councils may offer discounts and exemptions for specific groups, such as full-time students, individuals with disabilities, and those with vacation homes or empty properties. The amount of Council Tax varies, with residents typically paying between £1,300 and £2,000 per year.
On the other hand, in the US, there is no direct equivalent to the UK's Council Tax. Instead, property taxes in the US are structured and implemented differently. While property taxes are also an important source of local government revenue in the US, they are not called Council Tax. Instead, property taxes in the US are based on the assessed value of the property and can vary depending on the state, county, town, or city. For example, an individual might pay a county "council tax", a city "council tax", and a separate "council tax" for schools. Additionally, the US has a sales tax system, which varies by state and locality, while the UK has a Value-Added Tax (VAT) included in the displayed price of goods and services.
It is worth noting that both countries have their own unique legal professions as well. In the UK, lawyers who argue cases in court are called barristers, while in the US, they are referred to as litigators. Lawyers who manage civil matters in the UK are solicitors, whereas in the US, they can be called corporate or transactional attorneys depending on their area of expertise.
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Frequently asked questions
The UK and US legal systems have evolved from the same common law and share similarities when it comes to proceedings, presenting evidence, and rulings. However, the US legal system has deviated from the original British system over time, and there are now significant differences between the two.
Here are some examples of differences between UK and US law:
- In the US, certain criminal records can be sealed or expunged, whereas in the UK, court convictions cannot be deleted from a person's permanent record.
- In the US, the burden of proof in libel cases rests with the person claiming to have been libelled, while in the UK, the burden of proof is on the person who made the allegedly defamatory statement.
- In the US, jaywalking (crossing the road where it is not permitted) is usually illegal, while in the UK, there is no offence of jaywalking.
- In the US, birthright citizenship means that anyone born on US soil is an American citizen. In the UK, birth on UK soil does not automatically confer citizenship, and there must be other circumstances, such as having a parent who is a citizen or permanent resident.
Yes, there are differences in the names and training requirements for lawyers in the UK and US. In the UK, lawyers who argue cases in court are called barristers, while in the US, they are called litigators. Lawyers who manage civil matters in the UK are called solicitors, while in the US, they may also be called attorneys, corporate or transactional lawyers, depending on their area of expertise. Regarding training, UK lawyers typically begin their careers by taking an undergraduate course, while US lawyers must complete a three-year law school programme after obtaining a four-year undergraduate degree.
