Anaya Nolan
The American legal system is a common law system, which means it relies heavily on court precedent in formal adjudications. In common law systems, judges can make laws in certain areas, and even when a statute is at issue, judicial determinations in earlier court cases are critical to the court's resolution of the matter at hand. The defining principle of common law is the requirement that courts follow the decisions of higher-level courts within the same jurisdiction. This is in contrast to civil law systems, which are used in countries like Germany and France, where legislatures pass much more detailed laws and don't rely as much on the opinions of judges.
| Characteristics | Values |
|---|---|
| Type of law system | Common law |
| Reliance on court precedent | High |
| Reliance on codes | Low |
| Basis of the legal system | Medieval England |
| Number of states following common law | 49 states and DC |
| Number of states following civil law | 1 (Louisiana) |
| Law-making powers | Judges |
| Binding nature of judicial decisions | Depends on the court level or hierarchy |
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What You'll Learn
The role of judges in civil vs. common law
The American legal system is a "'common law' system, which means it relies heavily on court precedent in formal adjudications. In common law systems, the requirement is that courts follow the decisions of higher-level courts within the same jurisdiction. This has resulted in a somewhat predictable and consistent body of law. In civil law systems, on the other hand, there is less reliance on court precedent and more on codes that explicitly provide rules for specific disputes.
In a common law system, a judge's role is to uphold and interpret the law based on previous court decisions (precedents). They are responsible for ensuring that rules are followed and that only proper evidence is heard during a trial. They also provide instructions to juries, including explaining the relevant laws and outlining what can be considered when deciding the outcome of a case.
In a civil law system, an initial court with an investigative judge decides if a case should move forward for prosecution. The investigative judge may request that the police perform further investigations or ask for more information before making a decision. Once the case moves beyond this initial court, the trial court may have one or even three judges. Here, the judge plays a more active role in questioning witnesses and hearing evidence than in a common law system.
The path to becoming a judge in a common law country like the United States is quite different from that in civil law countries. In the US, individuals typically complete their formal legal education and then spend a significant amount of time in private law practice or, less commonly, in law teaching or governmental legal service before becoming judges. Judges are then appointed or elected to office, and in federal courts, these appointments are made by the chief executive (president or governor).
In terms of tenure, there is no assurance of a long tenure with a pension in the US. Some courts provide life tenure, while others have fixed terms. At the end of their term, a judge must be reelected or reappointed to continue. Notably, common law judges generally enjoy greater power, prestige, and independence compared to their civil law counterparts. They are not subject to supervision or inspection by a council of judges or a minister of justice, and they cannot be transferred from court to court.
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The sources of American law
The American legal system is a common law system, which means it relies heavily on court precedent in formal adjudications. This is in contrast to civil law systems, which rely more on codes that explicitly provide rules of decision for specific disputes.
The law of the United States is derived from several sources, which can be broadly categorized into constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).
The United States Constitution is the supreme law of the land and the foundational source of American law. It outlines the structure and powers of the federal government and the states. The Constitution sets out the boundaries of federal law, which includes Acts of Congress, treaties ratified by the Senate, and regulations promulgated by the executive branch.
Federal law and state law often run concurrently, with state legislatures crafting most of the criminal laws that govern everyday life. However, in the event of a conflict between state and federal law, the federal law governs, as per the "Supremacy Clause" of the Constitution.
State courts interpret state constitutional provisions and state statutory law and have the power of judicial review to determine the legality of state statutes and executive actions. State supreme courts can also expand the rights provided by the U.S. Constitution.
Administrative agencies, such as the Environmental Protection Agency (EPA), are another source of law in the United States. These agencies are established at the federal, state, or local level to perform specific functions and enforce regulations that govern how laws will be enforced.
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The American legal system's structure
The American legal system is a complex, interconnected web of laws, regulations, and courts at the state and federal levels. The system is based on federalism, or decentralisation, where the national or federal government holds significant power, but individual states retain powers not exclusively federal. The law of the United States is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and common law (including case law).
The federal court system is structured into three tiers: the United States District Courts, which are trial-level courts; the United States Court of Appeals, the first level of appeal; and the United States Supreme Court, which is the final arbiter of the law. The Supreme Court is the only court of its kind, while the court of appeals is divided into 13 circuits, and there are 94 district courts. Each state also has its own court system, which may differ in structure and laws from other states. Most states have a system that mirrors the federal court system, with trial courts, appellate courts, and a state supreme court.
The American legal system is an adversarial one, requiring a live dispute between parties with a genuine interest in the outcome to allow for a vigorous legal debate. Federal courts cannot issue advisory opinions and must only decide on genuine controversies. The system is a common law system, relying heavily on court precedent in formal adjudications. This means that courts follow the decisions of higher-level courts within the same jurisdiction, creating a predictable, consistent body of law.
The term "jurisdiction" is important in the American legal system, referring to the power of a court to exercise judicial authority over a particular matter. Jurisdiction also refers to the geographic distribution of courts of particular levels. Civil cases are those in which a plaintiff claims that another party breached a legal duty owed to them, and most civil lawsuits are filed in state courts. Criminal cases, on the other hand, involve matters punishable by criminal law.
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Civil law in the state of Louisiana
The United States is a common law country, where court precedent is heavily relied on in formal adjudications. However, the state of Louisiana is an exception to this rule. Louisiana's legal system is based on a more diverse set of sources than the other 49 states. Its private law has a civil law character, stemming from French and Spanish codes and ultimately Roman law, with some common law influences. Louisiana is the only state with a private legal system based on civil law.
Louisiana's civil law tradition means its constitution does not contain a right to a trial by jury in civil cases, though this right is contained in the Louisiana Revised Statutes. Appellate courts have a broader scope to review findings of fact by juries in civil cases, and damages are apportioned differently. Louisiana's criminal law, administrative law, and procedural law are more similar to other states, with criminal law and administrative law largely resting on common law, and procedural law based on the U.S. Federal Rules of Civil Procedure.
The Louisiana Revised Statutes (R.S.) contain a significant amount of legislation, arranged in titles or codes. The maximum penalty for the violation of a parish ordinance is a fine of $500 and imprisonment for 30 days in the parish jail. For a violation of an ordinance of a municipality organized under the mayor and board of aldermen form of government, the maximum penalty is a fine of $500 and imprisonment for 60 days.
Louisiana's civil law tradition stems from its unique history. The Louisiana Purchase took place in 1803, and historians have discovered that the original intention was to base Louisiana law on Spanish law. The 1808 Digest, enacted on March 31, 1808, was found to be problematic as it did not repeal earlier Spanish law. This led to the drafting of a new, fuller code in French and English, which formally repealed prior law. This code, the Civil Code of 1825, was enacted on April 12, 1824, and elevated French law as the main source of Louisiana jurisprudence. While many differences have been bridged due to the influence of common law, the "civilian" tradition remains deeply rooted in Louisiana private law.
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The rights of victims in civil cases
The United States has a common law system, which is derived from the English common law system that was in force during the American Revolutionary War. However, American law has since diverged and incorporated civil law innovations.
In the US, victims of federal crimes are guaranteed certain rights and services under two federal statutes: the Victims’ Rights and Restitution Act (VRRA) and the Crime Victims’ Rights Act (CVRA). The VRRA outlines the services the federal government must provide to victims, while the CVRA sets forth the rights that victims are entitled to.
Under these acts, victims have the right to:
- Be informed of the place where they may receive medical and social services, as well as public and private programs available for counseling, treatment, and other support services.
- Receive reasonable protection from a suspected offender and persons acting on their behalf.
- Be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or parole proceedings.
- Confer with the attorney for the government in the case.
- Receive full and timely restitution as provided by law.
- Have proceedings free from unreasonable delay.
- Be treated with fairness and respect for their dignity and privacy.
- Be informed in a timely manner of any plea bargain or deferred prosecution agreement.
- Not be excluded from any public court proceeding, unless the court determines that their testimony would be materially altered if they heard other testimony at that proceeding.
In addition to these rights, victims may also have the status of 'party civille' in a civil law system, which gives them the ability to ask questions during a trial. They may need to be represented by an attorney to do this, or they may be able to represent themselves.
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Frequently asked questions
The US is a common law country.
In common law countries, judges can make laws in certain areas, whereas in civil law countries, legislatures pass more detailed laws and rely less on the opinions of judges.
The US legal system 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.
