Keith Mack
The law of the United States is largely derived from English common law, which was in force at the time of the American Revolution. While the US has diverged greatly from its predecessor, the influence of English common law can still be seen in the US legal system today. For example, the US has incorporated the British version of 'innocent until proven guilty' into its criminal justice system. In addition, the US legal system, including jury trials, is fashioned after the British legal system.
| Characteristics | Values |
|---|---|
| US law derived from English common law | The law of the United States 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. |
| US courts citing English common law | In the early post-revolution period, English case law was commonly cited by US courts. This became less common as American precedents were set and distributed. |
| US jury trials influenced by British jury trials | US jury trials share several key elements with British jury trials, including a presiding judge, prosecutor, defence counsel, witnesses, and a court stenographer. |
| US adoption of British legal principles | The US has incorporated several British legal principles, including the presumption of innocence and the right to a jury trial if faced with a punishment of over six months' imprisonment. |
| US legal system influenced by British monarchy | The British monarchy historically played a significant role in the legal system, with the King or Queen controlling the appointment of judges. |
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What You'll Learn
- The US legal system is fashioned after the British legal system
- US jury trials are based on British jury trials
- US courts rarely follow post-Revolution English precedents
- US law has diverged from English law
- US law is derived from constitutional law, statutory law, treaties, administrative regulations, and common law
The US legal system is fashioned after the British legal system
The legal system of the United States is largely fashioned after the British legal system. This is because, at the time of the American Revolutionary War, the law in force in British America was the common law system of English law. Although American law has since diverged greatly from its English ancestor, the influence of English common law on the US legal system is undeniable.
One example of how the US legal system is fashioned after the British system is the principle of stare decisis, which is a key aspect of Britain's common law. Stare decisis dictates that when two cases have similar fact patterns, they should lead to the same ruling. This principle ensures uniformity and consistency in common law. The United States has adopted this principle, asking its courts to adhere to stare decisis.
Another example is the jury trial system. American jury trials are fashioned after British jury trials, with both systems sharing several key elements, such as a presiding judge, prosecutor, defence counsel, witnesses, and a court stenographer. Additionally, both the United States and the British Commonwealth require that an individual be granted a jury trial only if they may be faced with a punishment of over six months' imprisonment.
The presumption of innocence is another fundamental principle of criminal justice that the US has adopted from Britain. Britain's Human Rights Act of 1998 states that "everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This principle, often referred to as "innocent until proven guilty", forms the basis of the US criminal justice system as well.
In terms of sources of law, the law in both the United States and Britain is derived from a combination of constitutional law, statutory law, and common law (which includes case law). However, the US has additional sources, including treaties and administrative regulations. While Britain's legal system is based solely on statute law and common law, the US has a codified constitution that grants federal courts the power to formulate legal precedent.
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US jury trials are based on British jury trials
The law of the United States is largely derived from English common law, which was in force at the time of the American Revolution. The US inherited the body of case law developed by English courts until it declared independence, after which the US began developing its own additions to common law.
English common law was influential because many English and British colonies, including the Thirteen Colonies that later became the United States, adopted the English common law system, which included trial by jury as an important part. The right to trial by jury was explicitly mentioned in the influential Magna Carta, which stated that no free man shall be captured, imprisoned, or disseised without the lawful judgment of his peers or the law of the land.
The English king Æthelred the Unready also contributed to the development of the jury system by requiring that the twelve leading minor nobles of each small district swear to investigate crimes without bias. In the 12th century, Henry II took a significant step by establishing a system to resolve land disputes using juries of twelve free men. This marked the introduction of the "grand jury".
The right to trial by jury became a focal point for American revolutionaries when British rulers attempted to suppress it to maintain control and quell calls for independence. The denial of the right to trial by jury was cited in the Declaration of Causes and Necessity of Taking Up Arms and the Declaration of Independence as one of the reasons for the revolution. America's founding fathers made the trial by jury a right for which they fought, and it was guaranteed in the new state constitutions that followed the revolution.
Today, US jury trials are based on British jury trials, but they have also evolved to suit the needs and legal system of the United States. While English case law was commonly cited in early post-revolution America, this practice gradually declined as American precedents were established and distributed more widely.
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US courts rarely follow post-Revolution English precedents
The law of the United States 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. However, American law has diverged greatly from English law, and US courts rarely follow post-Revolution English precedents.
In the early post-revolution period, English case law was commonly cited. This was because local appeals courts in the US had not yet made many decisions, and English cases were more widely reported and therefore more available. However, as American precedents were set and distributed, this became less common.
American courts, even after the Revolution, often cited contemporary English cases because appellate decisions from many American courts were not regularly reported until the mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve legal problems. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910.
Today, American cases rarely cite foreign materials. While courts occasionally cite a famous old English case, current British law almost never gets any mention. When they do, they are usually citing principles that are so basic that they could go without saying. Certain English cases relating to civil liberties continue to be cited in recent US decisions, although not as binding precedent. They are used to help illuminate the historical context behind provisions of the US Constitution. For example, in the case of United States v. Jones, 565 U.S. 400 (2012), the Supreme Court considered whether the installation of a GPS tracker on Jones's car violated the Fourth Amendment. The English case of Entick v. Carrington (1765) was cited to understand what the Amendment meant, but it was not binding.
There is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of the federal Constitution and the federal Judiciary Acts. However, it is accepted that the Founding Fathers of the US, by vesting "judicial power" into the Supreme Court and inferior federal courts in Article Three of the US Constitution, vested in them the implied judicial power of common law courts to formulate persuasive precedent.
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US law has diverged from English law
The law of the United States 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. However, US law has diverged significantly from its English ancestor in terms of substance and procedure, incorporating several civil law innovations.
The US Constitution, which forms the basis of federal law, grants federal courts the power to formulate legal precedent. This power is derived from Article Three of the Constitution, which vests "judicial power" in the Supreme Court and inferior federal courts. Notably, there is no plenary reception statute at the federal level that continues the common law, as each state has its own laws and legal system.
One notable difference between US and English law is the treatment of privacy. In England, privacy is viewed primarily through a commercial lens, where it can be purchased but is not a guaranteed right. In contrast, US law provides constitutional protections for privacy, such as the Fourth Amendment, which guards against unreasonable searches and seizures. This has led to the development of judge-made remedies for law enforcement abuses, such as the Miranda warning.
Another divergence between the two legal systems is evident in divorce law. While most common-law countries, including England, follow a model that allows judges to use their discretion in allocating property and income during divorce proceedings, some US states have adopted the principle of equal division of assets. Additionally, some American states have eliminated fault grounds for divorce entirely, instead opting for no-fault grounds such as separation or marriage breakdown.
Furthermore, US law has evolved independently in the area of contract law. While English law generally excludes the enforcement of contracts by third parties who are not direct parties to the contract, US state law, along with the Indian Contract Code of 1872, allows for such enforcement. This reflects the legislative efforts to protect consumers against powerful commercial entities and regulate credit transactions.
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US law is derived from constitutional law, statutory law, treaties, administrative regulations, and common law
US law is derived from several sources, including constitutional law, statutory law, treaties, administrative regulations, and common law. The US Constitution, comprising various civil liberties, is the supreme law of the nation and forms the foundation of the federal government. It outlines the boundaries of federal law, encompassing Acts of Congress, treaties ratified by the Senate, and regulations issued by the executive branch.
Constitutional law serves as a fundamental framework, with federal and state laws deriving their authority from it. The US Constitution, through the Federalist Papers, emphasises the importance of an independent judiciary to interpret and uphold the Constitution's meaning. If a statute enacted by Congress conflicts with the Constitution, the courts can declare it invalid, upholding the Constitution as the supreme law.
Statutory law, created by legislative bodies such as Congress, forms another essential component of US law. These laws are enacted by the legislative branch at both the federal and state levels. Federal statutes focus on areas explicitly granted to the federal government in the Constitution, such as foreign relations, intellectual property, and tariffs. State statutes, on the other hand, cover a range of issues not preempted by federal law, and each state has its own unique set of laws.
Treaties also play a role in shaping US law. The Senate ratifies treaties, which then become part of federal law. These treaties can cover a variety of topics, including international relations and human rights. Administrative regulations, formulated by executive branch agencies, further contribute to the legal framework. These regulations are published in registers, such as the Federal Register, and carry legal weight, influencing the implementation and interpretation of laws.
Lastly, common law, including case law, is a significant aspect of the US legal system. It inherited the body of case law developed by English courts until the US declared independence, after which American courts began developing their own principles and precedents. Common law allows courts to formulate persuasive precedents and interpret the Constitution and statutes. While federal courts cannot create general federal common law, they can establish case law linked to the interpretation of constitutional provisions, statutes, or regulations.
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Frequently asked questions
The US started developing its own additions to common law after it declared independence.
The US legal system is fashioned after the British legal system.
No, the US has diverged greatly from its English ancestor in terms of both substance and procedure and has incorporated several civil law innovations.
The US legal system has abolished the old English division between common law and equity courts, which has also been independently abolished by legislative acts in nearly all states.
