Anaya Nolan
The US legal system is a common law system, which means that it relies heavily on court precedent in formal adjudications. Common law is a body of unwritten laws based on legal precedents, and it may guide court rulings when the outcome is undetermined based on written rules of law. Common law is deeply rooted in stare decisis, a Latin phrase that roughly means to stand by things decided. In practice, this means that courts and judges need to follow earlier decisions and rulings, otherwise known as caselaw, when dealing with similar cases later. While the US legal system is a common law system, it is important to note that the US Code is a set of laws that have been codified by the US Congress. These laws are part of the US Code of Laws and are therefore considered statutory law, which is different from common law.
Characteristics and Values of US Code and Common Law
| Characteristics | Values |
|---|---|
| Type of legal system | Common Law, Civil Law |
| Countries that follow the system | Common Law: US, UK and other former British colonies or protectorates; Civil Law: France, Algeria, OHADA countries |
| Nature of the system | Common Law: More flexible, fewer provisions implied into a contract by law, emphasis on reorganization rather than liquidation; Civil Law: More prescriptive, more provisions implied into a contract by law, emphasis on liquidation |
| Judicial decisions | Binding, decisions of the highest court can generally only be overturned by that same court or through legislation |
| Nature of codification | US Code: "General and permanent" laws are codified, cross-referenced and printed with public laws; may include uncodified provisions that are part of Public Laws |
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What You'll Learn
Common law vs civil law
There are two main types of legal system in the world, with most countries adopting features from one or the other into their own legal systems: Common Law and Civil Law. Common law is primarily contrasted with civil law, which influenced the legal traditions of English-speaking countries. Common law systems place great weight on precedent, while civil law judges tend to give less weight to judicial precedent. Common law systems are also less prescriptive than civil law systems.
Common law, which originated in medieval England, comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent. Judicial decisions are binding—decisions of the highest court can generally only be overturned by that same court or through legislation. Common law systems also provide for extensive freedom of contract, with few provisions implied into the contract by law. Generally, everything is permitted that is not expressly prohibited by law.
Civil law, on the other hand, is rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Civil law systems rely on legal codes that function as the primary source of law. In a civil law jurisdiction, unless the contract specifies that the parties have agreed to arbitration, the contract will be enforced by the administrative courts.
Louisiana is the only US state whose private civil law is based heavily on the French and Spanish codes, as opposed to English common law. In Louisiana, private law was codified into the Louisiana Civil Code.
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US Code structure
The United States Code is a compilation of general and permanent federal statutes that is routinely cited by the Supreme Court and other federal courts. The Code is divided into 54 titles, each covering a broad subject area, such as Agriculture, Tax, and Public Lands. The word "title" in this context refers to a printed "volume", although some titles are larger and span multiple volumes. Each title is further divided into sections, chapters, and subchapters, which can vary in length and size. For example, a section might be a few pages long or just a sentence or two.
The Code is structured to make it easier for users to find the information they need. It includes detailed multi-volume general indexes, as well as popular name tables that allow users to look up laws by their popular names, such as the Civil Rights Act of 1964. The Code also provides cross-reference tables that identify Code sections corresponding to particular Acts of Congress. Most sections in the Code are followed by editorial notes that provide information about the section's source, history, references, effectiveness, and applicability. These notes are prepared by the Code editors to assist users in understanding and applying the law.
The United States Code has evolved over time, with changes in drafting and editorial styles reflected in the Code. As a result, some acts may not have been handled consistently over the years. However, the accuracy of the information presented in the Code has always been a top priority. Only \"general and permanent\" laws are codified in the Code, excluding provisions that apply to a limited number of people or for a limited time. If significant, these limited provisions may be included as "notes" under related sections.
The Code is available in both print and electronic formats. Practicing lawyers often use annotated versions of the Code from private companies, such as the United States Code Annotated (USCA) and the United States Code Service (USCS), which provide additional notes and summaries of court decisions related to each section. These annotated versions are frequently updated with supplements containing newly enacted laws. The Code is also available electronically from the LRC at uscode.house.gov in HTML and XML formats, offering users convenient access to the most current version of the Code.
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US Code and lawyers
The US legal system is a federalist system, with the national government holding significant powers, but individual states retaining powers not specifically enumerated as federal. The US legal system is a common law system, which relies on case law and legal precedent to guide rulings. Common law is a body of unwritten laws based on legal precedents, which may guide court rulings when the outcome is undetermined based on written rules of law.
The US Code is a set of general and permanent laws that are routinely cited by the Supreme Court and other federal courts. Lawyers practising in the US will use an annotated version of the Code from a private company, with notes following each section of the law, summarising court decisions, law review articles, and other authorities that pertain to the code section. The two leading annotated versions are the United States Code Annotated (USCA) and the United States Code Service (USCS).
The US Code is divided into titles, which are further subdivided into chapters and sections. For example, Title 11 refers to bankruptcy, and Title 18 refers to crimes and criminal procedure. Some subdivisions within titles acquire meaning of their own; for example, "Chapter 11 bankruptcy" or an "S corporation".
When sections of the US Code are repealed, their text is deleted and replaced by a note summarising the repealed law, so that lawyers reading old cases can understand what is being referred to. This means that some portions of the Code consist entirely of empty chapters full of historical notes.
The US legal system is complex, with a variety of sources of law, from both state and federal systems, interacting with each other. The US Code is an important source of law for lawyers to refer to, alongside case law and precedent.
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US Code and public law
The United States Code (U.S. Code) is a compilation of general and permanent federal statutes that is published by the Office of the Law Revision Counsel (LRC) as a series of paper volumes. The U.S. Code is typically cited by the Supreme Court and other federal courts and does not include executive orders, executive-branch documents, or court-promulgated rules. It is updated with new editions issued every six years, with annual cumulative supplements identifying changes made by Congress since the last "main edition".
The U.S. Code is divided into titles, which are akin to printed volumes, with each title covering a different subject area. For example, Title 7 pertains to Agriculture, Title 26 to Tax, and Title 43 to Public Lands. These titles are further divided into sections, subchapters, and chapters, which can sometimes acquire meanings of their own. For instance, "Chapter 11 bankruptcy" and "Subchapter S corporation" are commonly used terms.
When a public law is printed, it typically includes cross-references to where particular sections of that law are codified in the U.S. Code. These cross-references appear in the margins of the public law. Additionally, the U.S. Code contains a table listing all public law numbers in chronological order, indicating where each section of the law is codified.
Practising lawyers often use annotated versions of the U.S. Code from private companies, such as the United States Code Annotated (USCA) or the United States Code Service (USCS). These annotated versions include notes that summarise court decisions, law review articles, and other authorities relevant to each section of the law. They also frequently issue supplements that contain newly enacted laws.
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US Code and private law
The United States Code is a compilation of general and permanent federal laws that are arranged by subject matter. It is a collection of the general provisions of federal statutes, which are organised into titles, chapters, and sections. Each “title” can be thought of as a volume, and each volume may consist of multiple chapters and sections.
The U.S. Code does not usually include provisions that apply to a limited number of people (private law) or for a limited time, such as budget laws or appropriation acts. However, if these provisions are significant, they may be printed as "notes" under related sections of the Code. For example, an Act providing relief for family farms may affect items in Title 7 (Agriculture), Title 26 (Tax), and Title 43 (Public Lands).
Private laws are prepared and published by the Office of the Federal Register (OFR) and the National Archives and Records Administration (NARA). They are available on GovInfo, starting from the 104th Congress. Private laws are also published in the United States Statutes at Large, where they receive their legal statutory citations.
Practising lawyers often use annotated versions of the Code from private companies, such as the United States Code Annotated (USCA) and the United States Code Service (USCS). These annotated versions contain notes that summarise court decisions and other authorities that pertain to each section of the law. They may also include uncodified provisions that are part of the Public Laws.
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Frequently asked questions
The United States Code is a compilation of the statutes that govern the United States. It is organised by subject matter, with each broad topic assigned a title.
Common law systems, like the US, tend to have greater flexibility in granting different types of security over assets. They also have the concept of trusts, which allows security interests to be held by a trustee without the need for formal transfer or re-registering. Civil law, on the other hand, is generally more prescriptive, and security interests typically need to be re-registered when transferred to a new lender.
No, the US Code is a compilation of statutes, whereas common law refers to a legal system that places emphasis on judicial decisions and precedents. The US is a common law jurisdiction.
An example of US Code is Title 7, which covers Agriculture. An Act providing relief for family farms might affect items in Title 7, as well as Title 26 (Tax) and Title 43 (Public Lands).
While the US Code contains only general and permanent laws, US Statutes at Large include all laws except private and local laws. The US Code is a convenient way to access the most relevant and up-to-date laws without having to refer to the original Acts of Congress.
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