Keith Mack
English common law has had a significant influence on the legal system of the United States, with the US adopting and adapting various aspects of Britain's common law tradition. The US has its own common law and follows the principle of stare decisis, which ensures uniformity and consistency in legal decisions. The US jury trial system is modelled on Britain's, and the US criminal justice system is founded on the presumption of innocence, mirroring Britain's Human Rights Act of 1998. In the area of divorce law, the US has adopted a system of mixed grounds, while the treatment of economic consequences of divorce varies, with some US states adhering to equal division of assets rather than judicial discretion. Differences also emerge in libel law, with the US providing less protection for public figures, and in tort law, with the US recognising a tort of interference with privacy. While the basic principles of property and succession are similar, the US has unique laws regarding the transfer of land and title insurance.
| Characteristics | Values |
|---|---|
| Jury trials | The US jury trial system is based on the British system, where individuals can only be granted a jury trial if they may be faced with punishment of over six months' imprisonment |
| Presumption of innocence | The US criminal justice system is founded on the presumption of innocence, and guilt must be proven beyond a reasonable doubt for an individual to be convicted, mirroring the British system |
| Evidentiary standard | The US and Britain share the same evidentiary standard for civil trials, which is preponderance of the evidence |
| Stare decisis | The US legal system adheres to stare decisis, a principle of English common law that ensures uniformity and consistency in legal decisions |
| Divorce law | Some US states have eliminated fault grounds for divorce entirely, while most common-law countries, including England, follow a system of "mixed grounds" for divorce |
| Property and succession | The US and England have similar basic principles of property and succession, but the US uses a system of separate deeds and title insurance to protect purchasers |
| Tort law | The US and England share a common-law approach to tort law, but differ in specific areas such as libel and privacy protections |
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What You'll Learn
- Jury trials: US jury trials are modelled on British ones
- Presumption of innocence: The US adopted Britain's 'innocent until proven guilty' principle
- Evidentiary standards: The US and Britain share the same standard for civil trials
- Property and succession: The US and England have similar laws on succession
- Libel: US practice is less strict than in England
Jury trials: US jury trials are modelled on British ones
Jury trials are a fundamental component of many legal systems around the world, including those of the United States and England. The US legal system has evolved since its independence from Britain, but it is clear that US jury trials are modelled on British ones. The similarities in structure and process, as well as the shared principles of common law, demonstrate the influence of British jury trials on the development of jury trials in the US.
In both the US and England, jury trials follow the same basic structure. The jury trial, or trial by jury, is a legal proceeding in which a jury decides whether the defendant is guilty or not guilty. This is distinct from a bench trial, where a judge or panel of judges makes all decisions. Both countries also share key elements in their jury trials, including a presiding judge, prosecutor, defence counsel, witnesses, and a court stenographer.
The US and England also share the principle of stare decisis, a legal principle that directs courts to follow historical cases and previous judgments when resolving a case with similar facts. Stare decisis, derived from Latin, means "to stand by things decided" and ensures uniformity and consistency in the law, making it an important aspect of common law.
However, there are also some notable differences between US and British jury trials. One significant difference is the composition of the jury. In the US, a jury typically consists of 12 individuals selected from the local community. In England, the jury is also made up of 12 individuals, but they are chosen at random from the general population by the court service. The process of selecting a jury, or voir dire, also differs between the two countries. In the US, potential jurors are questioned by both the prosecution and the defence to determine their suitability, while in England, potential jurors are randomly selected and not subjected to questioning.
Another difference lies in the role of the judge during the trial. In the US, the judge takes on an active role, making decisions on issues such as the admissibility of evidence and providing instructions to the jury on legal matters. On the other hand, in England, the judge's role is more limited, primarily ensuring that the trial is conducted fairly.
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Presumption of innocence: The US adopted Britain's 'innocent until proven guilty' principle
The presumption of innocence, or 'innocent until proven guilty', is a legal right of the accused in a criminal trial under many legal systems, including common law and civil law systems. The principle is also an international human right under the UN's Universal Declaration of Human Rights, Article 11. The presumption of innocence is intended to emphasise that the prosecution has the obligation to prove each element of the offence beyond a reasonable doubt, and that the accused bears no burden of proof.
The presumption of innocence was originally expressed by the French cardinal and canonical jurist Jean Lemoine in the phrase "item quilbet presumitur innocens nisi probetur nocens (a person is presumed innocent until proven guilty)", based on the legal inference that most people are not criminals. The idea was introduced in Roman criminal law by emperor Antoninus Pius, and it was further developed in the sixth-century Digest of Justinian (22.3.2) which provides, as a general rule of evidence: "Ei incumbit probatio qui dicit, non qui negat—"Proof lies on him who asserts, not on him who denies".
The United States' criminal justice system is founded on the presumption of innocence, and guilt must be proven beyond a reasonable doubt for an individual to be convicted. The US has incorporated Britain's version of 'innocent until proven guilty', as outlined in Britain's Human Rights Act of 1998, which defines the rights and freedoms afforded to defendants.
However, it is important to note that while the presumption of innocence has traditionally been cherished by British lawmakers and judges, there are concerns that its popularity is waning. In 1935, one judge described it as the ‘golden thread’ of English law, always to be seen ‘throughout the web of the English criminal law’. Yet, in recent years, there have been instances where it has been replaced by a presumption of possible guilt, where suspicion alone has destroyed livelihoods and reputations. For example, in 2018, the UK Supreme Court gave judgement in a case brought by a taxi driver, known as AR, who was acquitted of rape by a jury at Bolton Crown Court in 2011. The police disclosed to AR's prospective employers that the rape allegation 'might be true', and while the Supreme Court ruled that this did not undermine the presumption of innocence, critics argue that it allowed suspicion to destroy AR's reputation. Similarly, the Police Act of 1997 gave the police the power to disclose information that failed to result in a criminal conviction, further blurring the lines between allegations and actual guilt.
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Evidentiary standards: The US and Britain share the same standard for civil trials
The United States' legal system has been significantly influenced by English common law. This is evident in the US and Britain's shared evidentiary standard for civil trials, which is the preponderance of evidence. This standard is applied in civil cases where the burden of proof is on the plaintiff to demonstrate that the defendant is more likely than not at fault. It is a lower standard of proof compared to criminal cases, where guilt must be proven beyond a reasonable doubt.
The principle of stare decisis, a key aspect of English common law, has also been adopted by the US legal system. Stare decisis, meaning "to stand by things decided", ensures uniformity and consistency in legal decisions. It dictates that lower courts abide by the decisions of higher courts and that all courts adhere to their previous rulings in cases with similar fact patterns. This principle is applied in both US and English law, contributing to the consistency of common law.
Jury trials in the US are fashioned after British jury trials, including the presumption of innocence. The right to a jury trial is granted in both legal systems when an individual may face punishment of over six months' imprisonment. This right is defined in Britain's Human Rights Act of 1998, which states that everyone charged with a criminal offense is presumed innocent until proven guilty. The US criminal justice system has incorporated this principle, requiring guilt to be proven beyond a reasonable doubt for a conviction.
While the US and British legal systems share many similarities due to the influence of English common law, there are also some differences. For example, US tort law includes interference with privacy, such as the unauthorised use of one's photograph for advertising or electronic eavesdropping, which is not specifically addressed in English law. Additionally, in the field of libel, US practice is less strict than English law, as public figures cannot sue for honest but unfair and untrue criticisms.
In summary, the US legal system has adopted many principles of English common law, including evidentiary standards, the presumption of innocence, jury trials, and the principle of stare decisis. These shared legal traditions contribute to the close relationship between the two countries' legal systems, although some differences have emerged over time.
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Property and succession: The US and England have similar laws on succession
The US legal system has been heavily influenced by English common law, which forms the basis of the country's own common law. One notable similarity between the two countries' legal systems is their approach to property and succession.
In England, succession to the throne is governed by a combination of descent, sex, legitimacy, and religion. The Bill of Rights of 1689 and the Act of Settlement of 1701 established that only the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England" can ascend to the throne. This restriction was further codified in the Succession to the Crown Act of 2013, which ended male primogeniture and allowed for equal succession regardless of gender.
Similarly, the US has laws governing property and succession, particularly with regard to wills and inheritance. While the specifics may vary from state to state, the underlying principles are often similar to those in English law. For example, both legal systems recognise the concept of a will as a legal document outlining an individual's wishes for the distribution of their property after their death. The concept of intestate succession, or dying without a will, is also recognised in both systems, with similar approaches to determining how an individual's property should be distributed among their heirs in such cases.
Another area of similarity is the concept of the "presumption of innocence", which is a fundamental principle in both the US and English legal systems. This principle, enshrined in Britain's Human Rights Act of 1998, states that "everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law". This concept forms the basis of the criminal justice system in both countries, with guilt requiring proof beyond a reasonable doubt for a conviction.
The US and English legal systems also share similarities in their approaches to evidentiary standards in civil trials, with both requiring a preponderance of the evidence. This means that the party with the stronger and more convincing evidence will typically prevail, even if the other party may have some evidence to support their claims.
Overall, while the specific laws and regulations governing property and succession may differ between the US and England, the underlying principles and approaches are often similar, reflecting the influence of English common law on the development of US law.
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Libel: US practice is less strict than in England
Libel law in the US is less strict than in England. In the US, public figures cannot sue for honest but unfair and untrue criticisms of their activities. In England, published facts must be true, and comments must be fair. This is just one example of how English common law has influenced US law.
The US and England share a common-law system, which means that both systems are founded on judicial decisions and legal precedents rather than statutory law. The principle of stare decisis, which means "to stand by things decided", is a key aspect of common law and ensures uniformity and consistency across case law. The US has adopted this principle from English common law, applying it to its own courts and jury trials, which are also fashioned after British jury trials.
Another example of the influence of English common law on the US is the presumption of innocence in criminal cases. The US has incorporated the principle of "innocent until proven guilty" from Britain, where it is outlined in the Human Rights Act of 1998. This principle forms the basis of the US criminal justice system, where guilt must be proven beyond a reasonable doubt for an individual to be convicted.
In the area of divorce law, both the US and England have systems of "mixed grounds" for divorce, where one can obtain a divorce based on the fault of one spouse or on a no-fault ground such as separation or the breakdown of the marriage. However, some American states have eliminated fault grounds entirely. Differences arise in the legal treatment of the economic consequences of divorce. English law permits judges to use their own discretion in reallocating the property and income of the spouses, while some American states adhere to the principle of equal division of assets.
Tort law, or the law relating to private civil wrongs, is largely common law in England and the US. A notable US tort is interference with privacy, which can include using a person's photograph for advertising without permission, electronic eavesdropping, or taking photographs of persons in embarrassing situations.
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Frequently asked questions
The principle of stare decisis, which is Latin for "to stand by things decided", is a key aspect of Britain's common law. It applies when two cases have similar fact patterns that should lead to the same ruling. The US has its own common law and asks its courts to adhere to stare decisis.
American jury trials are fashioned after British jury trials. Like the British Commonwealth, the US only requires that an individual be granted a jury trial if they may be faced with a punishment of over six months' imprisonment.
The US criminal justice system is founded on the presumption of innocence, and guilt must be proven beyond a reasonable doubt for an individual to be convicted. This is similar to Britain's Human Rights Act of 1998, which states that "everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law".
Most common-law countries follow the English model that permits judges to use their own discretion in reallocating the property and income of spouses in a way that seems fair. Some US states, however, adhere to the principle of equal rather than discretionary division of assets.
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.
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