Cameron Miranda
The US legal system is a mix of common law and civil law. While the US legal system has evolved from English common law, it has developed its own principles and sources of law, with each state having its own court system and laws. The US Constitution and federal statutes also play a role in shaping the US legal system, with federal courts having limited jurisdiction in certain areas. The US legal system shares similarities with the UK legal system in terms of proceedings, evidence presentation, and rulings, but differences exist due to the Bill of Rights in the US Constitution.
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What You'll Learn
- The US and UK legal systems have evolved from the same common law
- US common law legal systems are not pure common law systems
- The US federal court system is based on a system of 'jurisdictions'
- US common law differs from English common law in the legal treatment of the economic consequences of divorce
- US and UK lawyers have different training and areas of expertise
The US and UK legal systems have evolved from the same common law
The US legal system is based on federalism, or decentralization, where individual states retain powers not exclusively enumerated as federal. Most states have court systems that mirror the federal structure, with trial-level district courts, courts of appeal, and the Supreme Court at the apex. Notably, the US has both Federal and State courts, and the federal courts have relatively limited jurisdiction compared to state courts.
The UK, on the other hand, has a more unified legal system, with sub-division regions like England, Scotland, Wales, and Northern Ireland having their own laws. The UK also has specific courts for minor criminal offenses and civil disputes, presided over by magistrates who handle the vast majority of cases.
In terms of legal practice, there are notable differences in the paths to becoming a lawyer in the US and UK. In the US, lawyers must complete a three-year law school education, typically after obtaining a four-year undergraduate degree. They then need to pass a state bar exam and gain admission to their local Bar Association. Once they attain the Juris Doctor degree, they can practice law in their chosen area.
In contrast, UK lawyers start their careers by specializing at the undergraduate level, choosing to become either a barrister or a solicitor. Following undergraduate training, barristers undergo further study and pupillage, while solicitors register with the Solicitors Regulation Authority to complete their training.
While both the US and UK legal systems share a common law heritage, they have diverged over time, adapting to the unique social, political, and cultural contexts of each country.
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US common law legal systems are not pure common law systems
The US common law legal system is not a pure common law system. While common law is a body of unwritten laws based on legal precedents established by the courts, civil law is a comprehensive, codified set of legal statutes created by legislators. The US operates under a dual system of both common and civil law. The courts, for example, operate under common law, while federal statutes like the Volunteer Protection Act and the Protection of Lawful Commerce in Arms Act are examples of civil law.
The common law system in the US originated from medieval England, spreading to North America during the 17th and 18th centuries. The principle of stare decisis, a Latin phrase meaning "to stand by things decided", is central to common law in the US. This means that courts and judges need to follow earlier decisions and rulings, or caselaw, when dealing with similar cases. The doctrine of precedent, a key feature of common law, developed during the 12th and 13th centuries, shaping the collective judicial decisions based on tradition, custom, and precedent.
The US legal system is based on federalism, or decentralization, where the national or federal government has significant powers, but individual states retain powers not exclusively federal. This results in a complex interplay between state and federal laws. The federal court system is divided into jurisdictions, with a three-tiered structure: the US District Courts, the US Court of Appeals, and the US Supreme Court. Each state court system also has its own jurisdiction. The term "jurisdiction" in American law refers to the formal power of a court to exercise judicial authority over a particular matter.
The distinction between common law and civil law lies in their reliance on caselaw and precedent versus codes and statutes, respectively. Common law systems, including the US, value stare decisis, promoting stability and consistency in legal outcomes. Civil law systems, on the other hand, provide clear rules for judges to follow in specific disputes. While civil law court decisions are not binding in other cases, common law systems consider prior court decisions interpreting a statute to be precedent and binding. This distinction influences the application of stare decisis principles.
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The US federal court system is based on a system of 'jurisdictions'
The US federal court system is based on a system of jurisdictions. The US Constitution vests judicial power in the Supreme Court and inferior federal courts, granting them the implied power of common law courts to formulate persuasive precedent. This power was widely recognised by the Founding Fathers when the Constitution was ratified.
The federal court system is divided into three tiers. The United States District Courts are the trial-level courts, the United States Court of Appeals is the first level of appeal, and the United States Supreme Court is the final arbiter of the law. The jurisdiction of a court refers to its formal power to exercise judicial authority over a particular matter. The US federal court system's jurisdiction is geographically distributed, with one Supreme Court, 13 appellate circuits, and 94 district courts. Each state court system also has its own jurisdiction.
The US legal system is based on federalism, or decentralisation, where the national government possesses significant powers, but individual states retain powers not specifically enumerated as exclusively federal. Most states have court systems that mirror the federal court system. However, state courts have broad general jurisdiction, while federal courts have relatively limited jurisdiction.
The US legal system is influenced by common law, which is characterised by its reliance on case law and legal precedent to guide decisions. Common law evolved from English common law and is used in several countries, including those historically colonised by England, such as the US. While the US legal system has similarities with other common law systems, it is not a pure common law system due to the presence of codified statutes that courts must consider. The principle of stare decisis is a constant in US common law, where prior court decisions interpreting a statute are considered precedent and are binding.
The US legal system differs from civil law systems used in Continental Europe, Mexico, and some African and Central and South American countries. Civil law systems rely primarily on codes and statutes, with less emphasis on judicial precedent. The US system also differs from the UK's legal system, with distinctions arising as far back as the addition of the Bill of Rights to the US Constitution. While the UK has sub-division regions with their own laws, the US has both Federal and State courts, with states retaining significant power over their rulings.
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US common law differs from English common law in the legal treatment of the economic consequences of divorce
The US common law system evolved from a British tradition that spread to North America during the 17th and 18th centuries. However, the US and English legal systems have diverged significantly over time, with the US system being based on federalism or decentralisation. While the US Constitution vests federal courts with the judicial power to formulate persuasive precedent, federal courts lack the plenary power possessed by state courts to make up law.
English common law historically held that fathers, rather than mothers, were entitled to custody of children after a divorce. In contrast, US common law in some states has eliminated fault grounds entirely, allowing divorce based on no-fault grounds such as separation or the breakdown of the marriage.
The major differences between the two systems lie in the legal treatment of the economic consequences of divorce. English common law permits judges to use their discretion in reallocating the property and income of spouses in a way that seems fair. In contrast, some US states adhere to the principle of equal division of assets rather than discretionary division. This is in line with the emancipation of women in the late 19th and early 20th centuries, which profoundly affected family law and marital property.
Another difference is that written evidence is often required in the US, whereas English law has largely repealed the need for written evidence of ordinary contracts. In terms of child support, US state laws passed in the 1980s cracked down on delinquent parents by garnishing the wages of those who failed to make child support payments.
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US and UK lawyers have different training and areas of expertise
The US legal system is based on common law, which is also the foundation of the English legal system. Common law systems rely on case law and legal precedent to guide their decisions. This means that courts are required to follow the decisions of higher-level courts within the same jurisdiction, and the rulings of higher courts are typically binding on lower courts in the same jurisdiction. The US Constitution also expressly authorises the continuation of English common law at the federal level in a few areas, such as maritime law.
However, there are key differences in the legal systems and the training of lawyers in the US and the UK. In the UK, the legal profession is divided into solicitors and barristers, whereas in the US, it is a unified profession. This means that US lawyers undertake duties that would typically be associated with either a solicitor or a barrister in the UK. For example, US lawyers can fulfil the duties of both a solicitor and a barrister if they have passed the bar.
The training and qualification process also differs between the two countries. In the UK, those wishing to become solicitors or barristers typically earn an LLB undergraduate degree. Barristers then undertake a year-long pupillage in a barristers' chamber. In the US, individuals must attend law school for three years after completing their undergraduate degrees. Many US states also require law graduates to undertake a training year, known as articling, before taking the bar exam to become qualified lawyers in that state. The bar exam must be passed in each state in which an individual wishes to practise, as lawyers are only eligible to practise in the state where they passed the bar.
UK firms have a reputation for investing in high-quality training for trainee solicitors, whereas US firms are known for prioritising billing hours over associate development. US associates are expected to bring in more business than their UK counterparts. However, there are fewer associates in US firms, which means less competition for top positions.
While US law firms do hire candidates directly from the UK, this process is highly competitive and requires visa sponsorship. Candidates must have a few years of experience in a relevant practice area, such as Corporate or Finance law, and demonstrate knowledge of working with US markets.
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Frequently asked questions
Yes, the US is a common law jurisdiction.
Common law is a legal system that places great weight on precedent. It is defined by the requirement that courts follow the decisions of higher-level courts within the same jurisdiction.
Civil law systems, which are used in Continental Europe, Mexico, most of Central and South America, and some African countries, rely primarily on codes and statutes. Common law systems, on the other hand, are guided by caselaw and legal precedent.
The US and UK's legal systems have evolved from the same common law and share similarities in proceedings, evidence presentation, and rulings. However, differences have emerged over time, such as in the legal treatment of the economic consequences of divorce and the ability to seal certain criminal records in the US.
While the US federal court system is based on a three-tiered structure, most states have their own court systems that mirror this structure. State courts have broad general jurisdiction, while federal courts have relatively limited jurisdiction.
