Keith Mack
The American legal system is based on federalism, with national and state governments each retaining different powers. The US is a common law jurisdiction, with a system that relies heavily on court precedent in formal adjudications. Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. It is flexible, as it can respond to changes in society, and does not require lawmakers to pass changes in statutes and codes. The common law system as we know it started in England during the Middle Ages and was brought to the US by English settlers during the colonial period.
| Characteristics | Values |
|---|---|
| Basis | Court decisions, precedents, and traditions |
| Flexibility | Can respond to changes in society |
| Duality | Mix of common law and civil law |
| Federalism | Decentralized power structure |
| Sources of Law | State and federal systems |
| Property Law | Influenced by English land law |
| Criminal Procedure | Federal constitutional case law and state statutes |
| Exclusionary Rule | Protecting constitutional rights of criminal suspects and convicts |
| Judicial Opinions | Lengthy and detailed, providing rationales and policies |
| Case Law | Focus on earlier court rulings and decisions |
| Codification | Uniform Commercial Code (UCC) enacted in all states with local variations |
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What You'll Learn
Common law is flexible and adaptable
The American legal system is based on federalism, or decentralisation, where the national government possesses significant powers, but individual states retain powers not exclusively federal. The US is a common law jurisdiction, but it is actually a mixed system, with the law of the United States being largely derived from the common law system of England.
Common law relies on caselaw and legal precedent to guide decisions, whereas civil law systems rely on codes and statutes. Civil law is a comprehensive set of legal statutes created by legislators, which clearly define the cases that can be brought to court, the procedures for handling claims, and the punishment for an offence. Civil law is regularly updated, but common law is adaptable, and the law can be applied to situations not contemplated by the legislature.
Common law is flexible as it allows for some freedom of interpretation. The doctrine of precedent developed during the 12th and 13th centuries and is based on tradition, custom, and precedent. The form of reasoning used in common law is known as casuistry or case-based reasoning. In common law, judicial opinions are usually quite long, and give rationales and policies that can be balanced with judgment in future cases.
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It relies on caselaw and legal precedent
The American legal system is based on federalism, or decentralisation, with the national or "federal" government possessing significant powers, while individual states retain powers not specifically enumerated as exclusively federal. The US, though typically regarded as a common-law jurisdiction, is actually a mixed legal system. The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with federal and state statutes.
The defining principle of common law is stare decisis, which is a Latin phrase that roughly means "let the decision stand" or "to stand by things decided". In practice, this means that courts and judges need to follow the decisions and rulings of higher-level courts within the same jurisdiction when dealing with similar cases. In common law systems, precedents are maintained over time through court records and are historically documented in collections of case law referred to as yearbooks and law reports.
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. It draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common law relies on caselaw and legal precedent to guide their decisions, as opposed to civil law systems, which rely primarily on codes and statutes. Civil law is a comprehensive, codified set of legal statutes created by legislators. A civil system clearly defines the cases that can be brought to court, the procedures for handling claims, and the punishment for an offense.
The flexibility of common law allows it to respond to changes in society. Unlike civil law systems, common law doesn’t require lawmakers to pass changes in statutes and codes, which can take a long time or never happen at all. In common law systems, higher courts can sometimes overrule prior decisions as "bad law" without needing to wait for lawmakers to do it for them.
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Common law is judge-made law
The American legal system is based on federalism, or decentralisation. While the national or federal government possesses significant powers, individual states retain powers not specifically enumerated as exclusively federal. Most states have court systems that mirror the federal court system. The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with federal and state statutes.
The term "common law" may refer to the American system, which relies heavily on court precedent in formal adjudications. In common law systems like that of the US, even when a statute is at issue, judicial determinations in earlier court cases are critical to the court's resolution of the matter before it. Common law may also refer to "judge-made" law, otherwise known as case law. Common law is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. The actual substance of English law was formally "received" into the United States in several ways, including through reception statutes enacted by all states except Louisiana, which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it does not conflict with domestic law or indigenous conditions.
In common law systems, precedents are maintained over time through court records and are historically documented in collections of case law referred to as yearbooks and law reports. Common law evolves incrementally through case decisions, with courts balancing consistency and adaptation to social needs. Judges shape the law by interpreting statutes and filling gaps where legislation is silent or ambiguous. Judicial lawmaking operates under constraints such as precedent and statutory interpretation. Judges have the freedom to employ their discretion to make decisions never before made by other judges, but they must abide by the written law.
The term "judge-made law" was introduced by Jeremy Bentham as a criticism of the pretense of the legal profession. The modern practice of adjudication as the application of precedent derived from case law begins with Jeremy Bentham's attack on the legitimacy of the common law.
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It is based on the principle of stare decisis
The American legal system is based on a system of federalism, or decentralisation. While the national or "federal" government possesses significant powers, individual states retain powers not specifically enumerated as exclusively federal. Most states have court systems that mirror the federal court system.
The defining principle of common law is the requirement that courts follow the decisions of higher-level courts within the same jurisdiction. This is known as the principle of stare decisis, which means "let the decision stand" or "to stand by things decided". This principle holds that courts and judges should honour precedent, or the decisions, rulings, and opinions from prior cases.
Stare decisis gives the law consistency and makes interpretations of the law more predictable. It lessens the need for subsequent litigation and saves the time and energy of the judiciary by preventing them from having to continually decide the same legal question or issue if it has already been decided in another case. It also increases reliance on judicial decisions and adds to the actual and perceived integrity of the judicial process.
In the American legal system, vertical stare decisis holds that the decisions of higher courts take precedence over the decisions of lower courts. This idea is part of what makes the Supreme Court "supreme". Horizontal stare decisis holds that prior decisions made by courts at a particular appellate level should provide some precedent for cases heard by courts of the same appellate level.
While stare decisis is a foundational concept in the American legal system, there are some nuances and limits in the way it is applied. For example, while courts seldom overrule precedent, the Supreme Court may not follow precedent when prior decisions are "unworkable or badly reasoned". This is particularly true in constitutional cases. Additionally, judges may offer reasons or legal nuances to avoid following precedential decisions or to outright overturn prior rulings, especially when following precedent may lead to unjust outcomes.
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Common law is a body of unwritten laws
The American legal system is based on a system of federalism, or decentralisation. While the national or "federal" government possesses significant powers, individual states retain powers not specifically enumerated as exclusively federal. The American system is a ""common law" system, which relies heavily on court precedent in formal adjudications. Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. It draws from institutionalized opinions and interpretations from judicial authorities and public juries.
Common law is flexible, as it can respond to changes in society. It does not require lawmakers to pass changes in statutes and codes, which can be a lengthy process or never happen. In common law systems, higher courts can overrule prior decisions as "bad law" without needing to wait for lawmakers to act. When a statute is at issue, judicial determinations in earlier court cases are critical to the court’s resolution of the matter.
Common law is based on the principle of stare decisis, a Latin phrase that roughly means "let the decision stand" or "to stand by things decided". This means that courts and judges need to follow the decisions and rulings of higher-level courts within the same jurisdiction, creating a predictable, consistent body of law. In common law systems, precedents are maintained over time through court records and are historically documented in collections of case law referred to as yearbooks and law reports.
In the United States, the law is largely derived from the common law system of England, which was brought by English settlers during the colonial period. However, American common law has since diverged significantly from English common law, with American courts developing their own principles to resolve legal problems. The law of criminal procedure in the United States, for example, consists of a mix of federal constitutional case law and federal and state statutes that provide the foundation for law enforcement agencies and criminal trial proceedings.
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Frequently asked questions
The American legal system is based on federalism, which means that while the national or "federal" government possesses significant powers, individual states retain powers not specifically enumerated as exclusively federal. The American system is a "common law" system, which relies heavily on court precedent in formal adjudications. Common law is flexible and can respond to changes in society.
Common law is a body of unwritten laws based on legal precedents established by the courts. It draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common law is also referred to as "judge-made" law or case law.
In common law systems, case law or legal precedent guides decisions, whereas civil law systems rely primarily on codes and statutes. Common law evolves over time as judges "make law" and set precedents that become the basis for future decisions.
