U.S. Legal System and Common Law Overview

Chapter 1: Introduction

• Professor Susie Salmon introduces the overview of the U.S. Legal system.

  • Focus: Introduction to the common law, the legal reasoning in U.S. courts.

  • Importance: Aimed at providing context for learning legal language and thinking.

• Audience:

  • History majors, government majors, legal history enthusiasts, APUSH students, those with experience in the court system.

• Purpose: To orient students, provide background, and establish a framework for understanding how U.S. lawyers analyze legal issues.

Understanding Common Law

• Definition and Significance of Common Law:

  • The U.S. operates under a common law system, which is complex and presents both challenges and opportunities.

  • Key question posed: Who makes the law?

  • Separation of Powers Doctrine:

  • Congress passes laws.

  • Judiciary interprets and applies those laws.

  • Complexity: Judges, lawyers, and litigants all play roles in making law.

  • Judges craft opinions influenced by compelling briefs.

  • Lawyers push the law’s boundaries by arguing new fact situations.

  • Litigation can create case law, influencing legislation.

  • Agreements negotiated by lawyers can challenge existing laws.

Historical Context of Common Law

• Common Law Origins:

  • Pre-Code era relied on customs, practices, and traditions for societal problem-solving.

  • Example of early codes: Code of Hammurabi from ancient Babylon (circa 1760 BCE).

  • Focus: Prescribing punishments for criminal offenses (e.g., wrongful ensnarement leading to execution).

• The transition to formal laws reflects the evolution of societal norms and decision-making processes.

Chapter 2: Common Law System

• Distinction from Civil Law Systems:

  • Civil law systems use codes as primary legal sources (e.g., France's Napoleonic Code).

  • In these systems, court decisions are informative but not binding.

• Visual Aid: Map displaying legal systems worldwide.

  • Blue: Countries with civil law systems (Continental Europe, South America, parts of Africa).

  • Pink: Common law countries (predominantly English-speaking regions).

  • Examples of common law countries: The U.S., Canada, India, Australia, Singapore.

• Variants of Law:

  • Yellow countries have Sharia law influence.

  • Brown indicates a hybrid of civil and common law (e.g., Louisiana).

  • Green shows customary law systems.

• Common Law Development:

  • Influence of English system was foundational for U.S. legal structure.

  • Key customs regulating vengeance and property disputes led to early law establishment.

Chapter 3: Law And Property

• Blood Feuds Regulation:

  • Early customs dictated responses to crimes (e.g., revenge killings).

  • Anglo Saxon kings reduced customary obligations to writing known as "dooms."

• Historical Event: Battle of Hastings (1066) and its implications on law.

  • Norman Conquest led to the introduction of French terminology into English law.

  • William the Conqueror's promises reflected underlying values of fairness and consistency in law.

• Establishment of Judicial Structure:

  • Formation of the Curia Regis (royal court) with subsequent courts (Exchequer, Common Pleas, King's Bench).

  • Importance of consistency in legal applications across localities.

Chapter 4: Origins of Common Law Processing

• Development of Procedures:

  • Lawsuits required a writ from the Curia Regis to compel court appearances (akin to a subpoena today).

  • Example: Writ of Novel Disseisin for land disputes, leading to jury involvement in legal determinations.

• Role of Judges in Common Law:

  • Judges relied on customs and community expectations to determine applicable laws.

  • Emphasis on natural reason and innate justice principles.

• Shared Values in Law Development:

  • The quest to capture common values drove the evolution of common law systems.

  • Predictability, fairness, and the desire for consistent consequences cultivated trust in legal processes.

Chapter 5: Conclusion

• Doctrine of Stare Decisis:

  • Latin term meaning “to stand by decisions.”

  • Courts adhere to established legal principles in similar future cases.

  • Establishment of a uniform understanding of law across England during medieval times.

• Transition to U.S. Legal System:

  • Eighteenth-century British colonists adopted English common law as the initial legal framework.

  • Retrospective inquiries into the origins of U.S. law and the role of common law within it.

• Upcoming Discussions:

  • Further examination into the U.S. legal system and common law operations in future lectures.