Anaya Nolan
The English legal system has had a significant influence on the development of American law and government. While the United States is not part of the British Commonwealth, its legal system is modelled after England's, particularly in the area of private law. The US has adopted key aspects of British common law, such as the principle of stare decisis, jury trials, and tort law. However, over time, the legal approaches of the two countries have diverged, with differences arising in public law due to America's distinct form of government and federal system. Despite these differences, the influence of English common law on the American legal system is undeniable, shaping the laws and governance of the United States today.
| Characteristics | Values |
|---|---|
| Jury trials | Modeled on British jury trials |
| Tort law | Originates from English common law |
| Appointment of judges | Originally controlled by the British monarch |
| Stare decisis | Adhered to by US courts, following the British principle |
| Divorce law | Some US states differ from the English model by adhering to the principle of equal division of assets |
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What You'll Learn
Jury trials
The right to a trial by jury is a fundamental civil liberty or right that has been inherited from English common law. The Magna Carta of 1215, an agreement forced on King John by irate barons, is considered the cornerstone document of British and American judicial development. It established the principle that no individual could be deprived of life, liberty, or property except by "the lawful judgment of his peers or by the law of the land". This document became the basis for civil liberties and the right to a fair jury trial in England.
The political intent of the Magna Carta, which was to prevent the king's domination of the courts, inspired later generations to view the right to a trial by jury as one of the basic safeguards of freedom from arbitrary government. Eighteenth-century Americans viewed the right to a jury trial as one of the essential liberties of a free country. They saw the jury as an independent deliberative body that could refuse to cooperate with an unjust court or law.
The right to a trial by jury was included in the First Charter of Virginia, drafted in Great Britain in 1606, and was guaranteed in all subsequent colonial charters. The British rulers attempted to suppress this right to limit challenges to their authority, which was cited as one of the causes of the American Revolution. Following the Declaration of Independence, the founding fathers made the trial by jury a right for which they pledged "their lives, their fortunes, and their sacred honour".
The Sixth Amendment to the U.S. Constitution outlines the right to a speedy, impartial jury trial in criminal cases. The Seventh Amendment guarantees a jury trial in civil cases as well. A distinctive feature of jury trials in the United States is that verdicts in criminal cases must be unanimous.
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Tort law
The United States' tort law is heavily influenced by English common law. The word 'tort' comes from the Latin 'torquere', meaning 'to twist' and denotes a wrongful action that causes harm, for which victims may seek legal relief. Tort law first emerged as a distinct field in England in the 18th century, and while it has diverged in the US since, it remains a significant part of the legal system.
In the US, tort law was not recognised as a distinct area of law until the 19th century. The development of tort law in the US was influenced by the rise of railway travel, which brought a wave of accidents and subsequent accident law. The evolution of tort law in the US was also influenced by legislative efforts to protect businesses from liability, which led to the rise of negligence law. Negligence is the most common source of torts, occurring when the defendant's actions are deemed unreasonably unsafe.
The influence of English common law is evident in several aspects of US tort law. For example, the principle of interspousal immunity, which prevented spouses from suing each other, was inherited from English law. This was based on the idea that upon marriage, a woman's legal existence was suspended or incorporated into that of her husband. Another example is the law of privacy. In the US, tort law recognises interference with privacy, such as using a person's photograph without permission or taking embarrassing photographs, as a tort.
While US tort law has been influenced by English common law, there are also significant differences. For instance, US libel law is less strict than English libel law, and public figures cannot sue for honest but unfair and untrue criticisms. Additionally, while most common-law countries follow the English model of allowing judges discretion in dividing assets during marriage dissolution, some US states adhere to the principle of equal division of assets.
In summary, while US tort law has been significantly influenced by English common law, it has also evolved independently, resulting in a unique legal system that addresses the specific needs and concerns of the country.
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Stare decisis
The English common law of the 18th century served as the foundation for the idea of stare decisis in American jurisprudence. The legal system in the United States is fashioned after the British legal system, and the principle of stare decisis is a key aspect of Britain's common law. Stare decisis, a Latin term meaning "let the decision stand" or "to stand by things decided", is a foundational concept in the American legal system. It holds that courts and judges should honour "precedent", or the decisions, rulings, and opinions from prior cases.
The principle of stare decisis lessens the need for subsequent litigation and saves the judiciary time and energy by preventing the continual re-litigation of the same legal question or issue. It also prevents arbitrary decision-making and bias by requiring judges to follow existing precedents. However, stare decisis is not an "inexorable command", and judges may offer reasons or legal nuances to avoid following precedents or to overturn prior rulings, particularly when prior decisions are deemed "unworkable or badly reasoned".
The influence of English common law on American government and law is evident in various aspects. The fundamental principles of injury law or "tort law" in the United States originate from English common law. For example, citizens' ability to sue a public entity can be traced back to prohibitions against suing the sovereign or the King in English common law. Additionally, jury trials in the United States are fashioned after British jury trials. While differences have emerged over time, particularly in public law, the English legal system has undoubtedly played a significant role in shaping American law and governance.
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Public law
The United States' legal system is modelled on the British legal system, with many fundamental principles of US law deriving directly from English common law. The US criminal justice system, for example, is founded on the presumption of innocence, with guilt needing to be proven beyond a reasonable doubt for a conviction to be made. This principle, enshrined in Article 6, Section 2, mirrors that of Britain's. The two countries also share the same evidentiary standard for civil trials, which is a preponderance of evidence.
English common law has also influenced the US tort system, including a citizen's ability to sue a public entity. In the field of libel, US practice differs from English law, being less strict. In the US, public figures cannot sue for honest but unfair and untrue criticisms of their activities, whereas in England, published facts must be true and comments fair.
Another example of the influence of English common law on US public law is the jury trial system. American jury trials are fashioned after British jury trials. Additionally, the law of personal status (nationality, capacity, domicile, etc.) has been transformed in both the US and England by the advancement of the principle of equality of the sexes.
Despite these influences, the US has developed its own distinct public law, influenced by its complex federal system and presidential form of government.
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Divorce law
In the United States, marriage and divorce fall under the jurisdiction of state governments, not the federal government. The British colonies that became the United States adapted English common law on divorce to their religious, economic, and ethnic differences.
Divorce in England was rare and expensive, and applicants were required to petition Parliament or an ecclesiastical court to obtain a divorce. The New England Colonies, viewing marriage as a civil contract, were the most likely to grant divorces, given sufficient cause. Between 1692 and 1786, only 90 divorces were granted in England and Wales, while 143 were granted in Massachusetts. The Southern Colonies, on the other hand, hewed more closely to English practice and seldom granted divorces.
After the colonies gained independence, states joining the union liberalized their divorce laws, as did the associated territories, with many permitting local courts to grant divorce. A few retained authority to grant divorce at the state level. In Virginia, for example, petitioners had to apply to the Virginia General Assembly for a divorce, and during the first thirty years of statehood, no female petitioner was granted a divorce. By the mid- to late 19th century, divorce rates in the United States increased, and Americans obtained more divorces annually than were granted in all of Europe.
In the 18th century, enslaved people, who were considered property by the law, did not have a legal right to marry. Marriages happened anyway, but because they were not acknowledged by the colonial and early American governments, their termination was not acknowledged either.
In England, a common-law doctrine known as coverture allowed a married woman's legal identity to be subsumed in her husband's. Under this doctrine, a married woman was considered "covered" by the legal status of her husband, making the wife a dependent and the spouses a single entity in the eyes of the law. A married woman could not earn money or write a valid will without her husband's consent. A husband also gained rights to his wife's property, both real and personal. Until the 1857 Matrimonial Causes Act, it was essentially impossible to obtain a divorce in England, no matter how bad the marriage was.
In the US, the legislative model of divorce was adopted in Virginia after the American Revolution and remained in place until 1850. A judicial divorce system was set up gradually, with couples first able to present a petition for divorce to a chancellery court where the judge would rule in cases of adultery. Eventually, all divorces came under the control of the courts to eliminate a confusing system where judicial and legislative divorce existed simultaneously. This change in Virginia and other southern colonies was part of a shifting culture that was beginning to associate marriage and divorce with issues of natural law and freedom.
By 1916, the US led the world in the number of divorces. In New York State, where adultery was the easiest grounds for divorce, attorneys would provide a divorce package of a prostitute and a photographer. By the 1960s, deception to bypass the fault system had become a widespread concern. The National Association of Women Lawyers was instrumental in convincing the American Bar Association to create a Family Law section in many state courts and pushed strongly for no-fault divorce law around 1960.
In the area of divorce law, the intense legislative activity of the 1960s and ’70s left most common-law countries with systems of “mixed grounds” for divorce. One can obtain a divorce based upon the fault of the other spouse or upon some no-fault ground, such as separation or breakdown of the marriage. Some American states have eliminated fault grounds entirely. Most common-law countries follow the English model that permits judges to use their own discretion in reallocating the property and income of the spouses in a way that seems fair, whereas some American states adhere to the principle of equal rather than discretionary division of assets.
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Frequently asked questions
The American legal system is fashioned after the British legal system.
Britain has no codified constitution, so its rule of law is founded in statute law and common law. Statute law is created by Britain's legislative bodies or Parliament, while common law is founded on judicial decisions.
The res ipsa loquitur doctrine, which means "the thing speaks for itself", was first applied in English common law in 1863 and has since been used in American common law.
Most common-law countries follow the English model that permits judges to use their discretion in reallocating the property and income of the spouses in a way that seems fair.
