The American system of law

Law in the United States has become a complex blend of common and statute law. When the first English colonists came to America in the 17lh century, they brought English customs with them, but there was little expertise in law. Colonial charters, or agreements with England, gave the colonists the Englishmen's traditional rights that had developed as part of the common law. An example is the right to trial before a jury of one's peers, or equals. But there were few men trained in the law, few judges, and no schools of law. Local jurisdictions passed their own statutes to meet specific situations.

By the early 18th century, there were lawyers practicing in the colonies. They used English law books and followed English procedures and precedents. In 1701 the colony of Rhode Island accepted English law in full, subject to local legislation. The Carolinas soon followed suit, and eventually most of the colonies had their own mixture of English common law and local statute. Legal battles before the American Revolution were fought on common-law principles. After the revolution many Americans wanted to divorce themselves from English practices, but other European legal systems were too different and written in unfamiliar languages. The 'Commentaries' of William Blackstone had been printed in the colonies in 1771 and had come into wide use. Thus, despite the objections of many citizens, English common law remained the heart of the American legal system. The work of Blackstone was reinforced by judges in the United States. As chief justice of the Supreme Court, John Marshall had a powerful influence in shaping the development of constitutional law through his legal decisions. In the 1830s two important judges, James Kent of New York and Joseph Story of Massachusetts, produced significant commentaries on common law, stressing the need for legal certainty.

Along with the development of the common-law tradition in the United States, there has also arisen an enormous body of statute law on the federal, state, and local levels. This body of law has been made to work well with the common-law tradition by means of the American judiciary. In 1803 in one of the most famous decisions in the area of constitutional law — Marbury vs. Madison — Chief Justice John Marshall ruled that federal courts are the final authority in determining the conformity of all laws with the federal Constitution. In addition, the Sixth Article of the Constitution makes the Constitution the supreme law of the land.

2. Answer the following questions.

1. What law does the USA operate?

2. What principles were legal battles based on before the American Revolution?

3. Why did the English common law become the heart of American legislation?

4. What role did judges play in the development of American legislation?

5. What other bodies of law appeared in the USA?

Decide whether the statements are true or false.

1. When the first English colonists came to America, they brought English customs with them, and there was much expertise in law.

2. Local jurisdictions in America created their own statutes for specific situations.

3. After the revolution many Americans did not want to use English practices in law.

4. The Constitution is the main law of America.

5. All European legal systems have a lot in common with the English legal system.