1 Uni 1 legal system.docVIP

Unit1 Legal System The Common Law Heritage The American legal system traces its origins to England and is therefore referred to as Anglo-Saxon or Anglo-American law. Common law1 is utilized in English-speaking nations, including England, Australia, New Zealand, Canada, and the United States. (The only exception is the state of Louisiana, which derives its civil law2 from the Napoleonic Code3 and the Continental legal heritage; the state’s criminal law, however, derives from the common law.) The common law first appeared in medieval England after the Norman Conquest of England in 10664. The new rulers gradually introduced central governmental administration, including the establishment of courts of law. Initially, the bulk of the law was local and administered in local courts or the private courts of the feudal lords. A distinct body of national law began to develop during the reign of Henry II (1154-1189), who was successful in expanding the jurisdiction of the royal courts5. The king’s courts applied the common customs of the entire realm rather than the parochial traditions of a particular village. Thus, the term common law meant general law as opposed to special law; it was the law common to the entire land. During the development of the common law legal system, a distinctive way of interpreting the law gradually emerged. Three key characteristics of this common law heritage stand out; the law was judge-made, based on precedent, and found in multiple sources. Judge-Made Law One key characteristic of the common law is that it is predominantly judge-made law. Until the late nineteenth century there was no important body of statutory law in either England or the United States. Rather, judges performed the task of organizing social relationships through law. In the field of civil law, for example, the common law courts developed the rights and obligations of citizens in such important areas as property, contracts, and torts. Even today American law in these areas