Law of the United States

804:. Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which the latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of 62: 908:' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases. 3363:, the U.S. Supreme Court explained that "the Court has uniformly held that the States are separate sovereigns with respect to the Federal Government because each State's power to prosecute is derived from its own 'inherent sovereignty,' not from the Federal Government .... The States are no less sovereign with respect to each other than they are with respect to the Federal Government. Their powers to undertake criminal prosecutions derive from separate and independent sources of power and authority originally belonging to them before admission to the Union and preserved to them by the 521: 1272: 84: 72: 317:" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon 1552: 588: 708:. This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while the rest were unpublished and bound only the parties to each case. 888:. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, 237: 1496: 661: 4853: 854: 628:(APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received, a final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule. 1299:, but torts (see below) cannot. The majority of the crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud. 1579:(which did not exist at common law). Although the American Law Institute has attempted to standardize tort law through the development of several versions of the Restatement of Torts, many states have chosen to adopt only certain sections of the Restatements and to reject others. Thus, because of its immense size and diversity, American tort law cannot be easily summarized. 484:. In some areas, like aviation and railroads, the federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and 742:

completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine the

177:, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of 830:, such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal 1734:

Family cases are traditionally a matter of state law and are virtually always heard only in state courts. Certain kinds of contract, tort, and property civil actions involving state law issues can be heard in federal courts under diversity jurisdiction, but federal courts decline to hear family cases

1718:

meant that divorces were rare, were often seen as fact-driven matters (meaning that they were perceived as turning on each case's facts and not broadly generalizable legal principles), and rarely went up on appeal. The rise of no-fault divorce caused divorce litigation to shift away from the question

1709:

In the United States, family law governs relationships between adults, and relationships between parents and their children. As a discrete area of law worthy of its own specialists and law professors, American family law is relatively young in comparison to European family law; it did not take flight

1379:

in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to

838:

can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed the issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts

614:

to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under

280:

Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle

1738:

Although family cases are heard in state courts, there has been a trend towards federalization of certain specific issues in family law. State courts and the lawyers who practice before them must be aware of federal income tax and bankruptcy implications of a divorce judgment, federal constitutional

348:

was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough

1586:

even in the absence of physical injury to the plaintiff, but most do not. For any particular tort, states differ on the causes of action, types and scope of remedies, statutes of limitations, and the amount of specificity with which one must plead the cause. With practically any aspect of tort law,

1566:

Tort law covers the entire imaginable spectrum of wrongs that humans can inflict upon each other, and it partially overlaps with wrongs also punishable by criminal law. It is primarily a matter of state law and is usually developed through case law from state appellate courts; it is rarely a matter

1248:

American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which is usually expressed in the form of various legal rights and duties). (The remainder of this

631:

Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by a court as persuasive authority as to how a particular statute or regulation may be

344:

decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to the

715:

has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they

778:

It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until the courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal

1449:

New York, Illinois, and California are the most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the

1445:

Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction.

1509:

covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving the sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still

1239:

to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time, the average American citizen is subject to the rules and regulations of several dozen different agencies at the

741:

of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as a matter of fundamental fairness, and second, because in the absence of case law, it would be

720:

theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making the law. Therefore, a judge could reject another judge's opinion as simply an

1562:

Tort law generally covers any civil action between private parties arising from wrongful acts that amount to a breach of general obligations imposed by law and not by contract. This broad family of civil wrongs involves interference "with person, property, reputation, or commercial or social

343:

Early on, American courts, even after the Revolution, often did cite 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

773:

To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect a willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal

339:

American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth.

1630:, which was published in 1964 and was very influential throughout the United States. Outside the U.S., the rule was adopted by the European Economic Community in the Product Liability Directive of July 1985, by Australia in July 1992, and by Japan in June 1994. 897:. State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to the majority of types of law traditionally under state control, but must be regarded as 50 3740:

For example, Section 437c of the California Code of Civil Procedure was amended by the state legislature several times in the 1990s to bring California's summary judgment standard in line with Rule 56 of the Federal Rules of Civil Procedure. See

1380:

the perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the

1473:, by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into the class. Another unique feature is the so-called 567:, and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows the present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. 892:

are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of

360:; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general. 3296: 1345:

directly to victims; while misdemeanors may lead to a year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level,

1665:

second. It is also primarily a matter of state law, and the level of interstate diversity in the law of property is much more substantial than in contract and tort. Efforts by both the American Law Institute and the

1450:

state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure.

1232:. And all the state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts. 310:. American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases. 287:, a lower court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. 1290:

by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally,

693:; this power was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide " 724:

In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under the

823:

apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that the relevant state law is irrational or just bad public policy.

815:

doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to

8060: 7965: 5348: 2346:, 886 P.2d 931, 940 (Mont. 1994) (Trieweiler, J., specially concurring), vacated and remanded by 515 U.S. 1129 (1995), reaffirmed and reinstated by 901 P.2d 596 (Mont. 1995), reversed sub nom. 1360:

For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for

1510:

significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the

8085: 6068: 299:

countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as

716:

disliked), and the United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete

544:. Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the 6560: 677:

Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate

420:

During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like the

8065: 1368:

still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as a medical issue and others categorizing the same offense as a serious

332:(the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. 1430:

in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and

1384:

as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which the most famous is the

2303: 617: 398: 7955: 6433: 681:

like their English predecessors. Federal courts are solely creatures of the federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the

754:.", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." 7970: 7865: 8055: 6150: 6155: 6250: 5590: 5460: 4822: 324:

Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the

8075: 6840: 5720: 3086: 1113: 158:

and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of

8070: 7599: 6327: 6095: 5929: 5585: 2685:

Debates and Proceedings of the Constitutional Convention of the State of California, Convened at the City of Sacramento, Saturday, September 28, 1878, Vol. III

1180: 1153: 154:

The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50

411:. Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of 8080: 6616: 6183: 6073: 4895: 3349: 3324: 3200: 3163: 3138: 3113: 3091: 3034: 2374: 2351: 2323: 2077: 2054: 2029: 1980: 1944: 1919: 1894: 1869: 1118: 1108: 385:

is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create

7960: 7910: 7672: 5951: 313:

The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted "

8045: 8040: 8035: 7890: 7760: 7594: 5988: 2295: 1068: 8025: 8132: 8030: 7945: 7920: 6528: 6386: 4787: 2436: 1123: 7930: 7900: 6090: 5877: 3509: 3364: 953: 769:

Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right."

721:

incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science.

17: 4376: 8010: 7935: 7915: 6582: 6555: 5872: 3195: 1163: 7880: 6930: 6890: 5226: 968: 923: 686: 224:. However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated a number of 8000: 6738: 5656: 5143: 7842: 7547: 6952: 6188: 5395: 5090: 1739:

rights to abortion and paternity, and federal statutes governing interstate child custody disputes and interstate child support enforcement.

1529:

contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show

1185: 1133: 6570: 6167: 5983: 5924: 5507: 5465: 5221: 5216: 5211: 5206: 5201: 5196: 5191: 5186: 5181: 5176: 5008: 1689:

title) is also allowed in a small minority of states. Title to personal property is usually not registered, with the notable exceptions of

1575:, limit the liability of people who commit torts under state law. State tort-related statutes focus on discrete issues such as authorizing 625: 537: 621:

deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes.

7694: 7537: 7432: 7177: 6915: 6035: 5946: 5688: 5673: 5555: 1804: 4446: 7520: 7035: 7030: 7020: 6393: 6122: 5370: 4912: 1583: 559:, which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the 7689: 7632: 7525: 7354: 6796: 5299: 4972: 4809: 1820: 1815: 1748: 1572: 515: 91:

is the highest authority in interpreting federal law, including the federal Constitution, federal statutes, and federal regulations.

7736: 7532: 7025: 6513: 6453: 6013: 5668: 5560: 5410: 2758: 2232:

prior to the 20th century. The result was that the colonists recreated the legal diversity of English law in the American colonies.

469: 356:: "American cases rarely cite foreign materials. Courts occasionally cite a British classic or two, a famous old case, or a nod to 8090: 7642: 7615: 7574: 7569: 7542: 7472: 7359: 7155: 6962: 6550: 6374: 6272: 5904: 5084: 5023: 5003: 4804: 3484: 3069: 1315: 112: 1637:

and Section 402A had become so complicated that another restatement was needed, which occurred with the 1997 publication of the

492:, Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the 42: 7743: 7452: 7135: 7040: 6870: 6818: 6779: 6346: 6341: 6195: 6132: 6085: 6063: 6028: 5683: 5539: 4872: 4780: 1698: 607: 564: 429: 8123: 7559: 7447: 7317: 7221: 7130: 7054: 6599: 6565: 5580: 5570: 5565: 5423: 5418: 5282: 5247: 5018: 4907: 3014: 2464:"Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws" 682: 3508:

city ordinance regulating motion picture theatres as an unconstitutional violation of freedom of speech as protected by the

7755: 7652: 7589: 7579: 7462: 7253: 7216: 7145: 6977: 6942: 6493: 6223: 5956: 5727: 5678: 5651: 5575: 5534: 5013: 4967: 4949: 4827: 1809: 1770: 1354: 8607: 7711: 7699: 7637: 7394: 6885: 6784: 6381: 6040: 5936: 5820: 4861: 2049: 2006: 1799: 1190: 465: 433: 1200: 552:. The Statutes at Large present a chronological arrangement of the laws in the exact order that they have been enacted. 488:, there are powerful laws at both the federal and state levels that coexist with each other. In a handful of areas like 8697: 7684: 7625: 7510: 7505: 7442: 7204: 7165: 7125: 6972: 6925: 6905: 6518: 6145: 6140: 6045: 5993: 5522: 5277: 5136: 4880: 3377: 1474: 1400: 1276: 877: 560: 445: 174: 88: 4067: 3955: 2624:

changed from a complete reliance on English sources of law to an increasing reliance on citations to American sources.

8692: 8015: 7835: 7726: 7706: 7657: 7647: 7515: 7437: 7414: 7374: 7238: 7228: 7105: 7080: 6987: 6967: 6445: 6235: 5961: 5343: 5080: 5065: 5043: 5033: 4773: 4616: 4386: 4356: 4315: 4281: 4247: 4213: 4186: 4152: 4043: 3999: 3859: 3818: 3777: 3718: 3682: 3646: 3614: 3580: 3546: 3233: 2884: 2855: 2810: 2783: 2710: 2645: 2590: 2475: 2405: 2253: 2214: 2180: 2144: 2110: 1851: 1787: 1650: 1511: 108: 65: 3455: 532:

After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the

7731: 7677: 7662: 7564: 7399: 6875: 6828: 6823: 6725: 6652: 6352: 6117: 5646: 5075: 5070: 5048: 4998: 1435: 1266: 905: 273:

If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be

262: 254: 7765: 7554: 7495: 7404: 7295: 7270: 6767: 6757: 6322: 6240: 6178: 6162: 6008: 6003: 5767: 5747: 5737: 5732: 5095: 4957: 4885: 4817: 4429: 1775: 1353:

On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by

1236: 904:

Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the

831: 545: 511: 329: 2554:, 43 Cal. 3d 1247, 241 Cal. Rptr. 22, 743 P.2d 1279 (1987) (citing original Statute of Frauds from England) and 8377: 7748: 7422: 7369: 7285: 7275: 7243: 7172: 7160: 7115: 7002: 6900: 6762: 6682: 6672: 6458: 6315: 6018: 5976: 5919: 5693: 5604: 4902: 3409: 1753: 1422:

governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law

726: 533: 489: 3297:"Inferiority Complex: Should State Courts Follow Lower Federal Court Precedent on the Meaning of Federal Law?" 8282: 7905: 7500: 7364: 7280: 7211: 7182: 7120: 7010: 6982: 6626: 5998: 5891: 5129: 4993: 4837: 4119: 4104: 4089: 1413: 796: 461: 7828: 7795: 7788: 7721: 7584: 7467: 7389: 7379: 7233: 7194: 7150: 7110: 7067: 7015: 6947: 6920: 6880: 6858: 6667: 6481: 6428: 6361: 6218: 6174: 6102: 6023: 5941: 5752: 5616: 5445: 5353: 5161: 5060: 4890: 3707:"Fourth Amendment Federalism?: The Court's Vacillating Mistrust and Trust of State Search and Seizure Laws" 1715: 1694: 1465:, and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, 835: 449: 140: 7716: 7667: 7482: 7384: 7307: 7189: 7085: 6910: 6895: 6833: 6468: 6423: 6230: 6112: 5966: 5038: 4927: 3158: 1765: 1607: 963: 885: 592: 576: 481: 477: 394: 2754: 1719:

of who was at fault for the collapse of the marital relationship and to focus instead on issues such as

1714:

revolution of the 1960s. Before the 1950s, widespread religious, legal, and social prohibitions against

7620: 7490: 7322: 7302: 7290: 7100: 7090: 6772: 6677: 6290: 6280: 5807: 5802: 5792: 5787: 5309: 5028: 3108: 1914: 1782: 1490: 1439: 1262: 694: 634: 457: 405: 221: 8642: 8272: 8116: 8020: 7199: 6505: 6310: 6305: 5867: 5321: 5100: 4962: 3942: 3133: 2740: 1759: 1250: 1148: 848: 839:

as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself.

697:" necessarily includes the power to decide the precedential effect of those cases and controversies. 493: 205: 198: 38: 2550: 7312: 6692: 6662: 6657: 6647: 6413: 6369: 5971: 5757: 5621: 5435: 5375: 5055: 4578:

Gerber, Scott D. (2011). "Bringing Ideas Back In—A Brief Historiography of American Colonial Law".

3276: 2826: 2668: 2556: 2519: 1590:

Notably, the most broadly influential innovation of 20th-century American tort law was the rule of

1568: 1229: 757:

Here is a typical exposition of how public policy supports the rule of binding precedent in a 2008

655: 441: 225: 8512: 6806: 6542: 6300: 5267: 5110: 4917: 4535:

Rabban, David M. (2003). "The Historiography of Late Nineteenth-Century American Legal History".

2951: 1674: 1522: 1500: 1073: 780: 345: 296: 1438:

in 1938; it has also been independently abolished by legislative acts in nearly all states. The

1350:. These may result in fines and sometimes the loss of one's driver's license, but no jail time. 1249:

article requires the reader to be already familiar with the contents of the separate article on

8467: 7804: 7258: 6608: 6418: 6398: 6200: 6055: 5850: 5797: 5782: 5626: 5314: 5105: 2683: 2024: 1667: 1556: 1546: 1453:

Generally, American civil procedure has several notable features, including extensive pretrial

1280: 1221: 816: 421: 76: 4599: 4346: 4176: 4142: 4121:

The Uniform Simplification of Land Transfers Act and the Politics and Economics of Law Reform,

4033: 3989: 3849: 3808: 3767: 3706: 3570: 3536: 2800: 2773: 2700: 2635: 2134: 1481:

of "loser pays"), though American legislators and courts have carved out numerous exceptions.

7457: 7140: 6255: 5812: 5777: 5772: 5715: 5698: 5428: 4852: 4639: 4305: 4271: 4237: 3670: 3634: 3604: 3353: 3328: 3266:, he had no choice but to apply the state court's reasoning despite his strong dislike of it. 3221: 3204: 3167: 3142: 3117: 3095: 3054: 3038: 3002: 2964: 2945: 2872: 2845: 2621: 2580: 2395: 2378: 2355: 2327: 2299: 2243: 2168: 2098: 2081: 2058: 2033: 1984: 1948: 1923: 1898: 1873: 1395: 1365: 1078: 862: 666: 651: 437: 4440: 4203: 3401: 3395: 2463: 2204: 1841: 61: 8109: 7851: 7809: 6937: 6811: 6702: 6080: 5512: 5492: 5440: 5390: 5331: 5262: 4405: 2560:, 31 Cal.4th 657, 3 Cal. Rptr. 3d 390, 74 P.3d 166 (2003) (citing Statute of 13 Elizabeth). 1720: 1576: 1058: 1018: 690: 520: 425: 353: 128: 3262:

attacked a 1968 Supreme Court of California opinion at length before conceding that under

2228:

Professor Friedman points out that English law itself was never completely uniform across

1271: 8: 8662: 8577: 8552: 7349: 7265: 7075: 6791: 6476: 6107: 5304: 4935: 4696: 4138: 4134: 4029: 4025: 3985: 3981: 3845: 3841: 3804: 3800: 3763: 3759: 1615: 1103: 1083: 889: 611: 378: 159: 83: 71: 1587:

there is a "majority rule" adhered to by most states, and one or more "minority rules."

685:, by vesting "judicial power" into the Supreme Court and the inferior federal courts in 8602: 8582: 8487: 8472: 8182: 8142: 8050: 7870: 6589: 6577: 6295: 6285: 6262: 6245: 5641: 5385: 5380: 5252: 4842: 4710: 4552: 3331: 3207: 3170: 3145: 3120: 3041: 2744:, 45 Eur. Ct. H. R. (1981), as indicative of the shared values of Western civilization. 2358: 2330: 2290: 2084: 2036: 1987: 1926: 1901: 1876: 1614:

based on warranties and imposed strict liability for defective products as a matter of

1376: 1195: 1033: 948: 774:

stability. We have not found here any factors that might overcome these considerations.

671: 596: 556: 525: 505: 382: 357: 314: 163: 148: 144: 100: 3356: 2061: 1622:. The American Law Institute subsequently adopted a slightly different version of the 1240:

federal, state, and local levels, depending upon one's current location and behavior.

901:

systems of tort law, family law, property law, contract law, criminal law, and so on.

689:, thereby vested in them the implied judicial power of common law courts to formulate 373:

Federal law originates with the Constitution, which gives Congress the power to enact

8432: 8402: 8287: 8192: 8177: 7332: 6488: 5840: 5338: 5257: 5242: 4612: 4595: 4511: 4382: 4352: 4311: 4277: 4243: 4209: 4182: 4148: 4039: 3995: 3855: 3814: 3773: 3714: 3678: 3642: 3610: 3576: 3542: 3405: 3229: 3010: 2978: 2880: 2851: 2806: 2779: 2734: 2706: 2641: 2586: 2471: 2401: 2381: 2307: 2249: 2210: 2176: 2140: 2106: 1951: 1847: 1662: 1595: 1530: 1381: 1319: 1213: 1063: 938: 701: 325: 300: 197:

experienced by the majority of citizens on a day-to-day basis) consists primarily of

4556: 397:. From 1984 to 2024, regulations generally also carried the force of law under the 8667: 8592: 8562: 8502: 8427: 8362: 8167: 8157: 7248: 7095: 6801: 6621: 5631: 5472: 5455: 5450: 5289: 4661: 4587: 4544: 4507:

The Transformation of American Law, 1870–1960: The Crisis of Legal Orthodoxy (1992)

3344: 2941: 1889: 1711: 1654: 1603: 1591: 1466: 1458: 1158: 1028: 1003: 881: 758: 582: 390: 274: 132: 3381: 8617: 8567: 8532: 8517: 8497: 8437: 8307: 8252: 8232: 8222: 8197: 7995: 7875: 6957: 6733: 6631: 6403: 5703: 5636: 5405: 5326: 5272: 4832: 3746: 3501: 2617: 1939: 1678: 1454: 1419: 1385: 1143: 1093: 1048: 1038: 1023: 1013: 998: 978: 943: 933: 737:. The rule gradually developed, case-by-case, as an extension of the judiciary's 678: 453: 217: 120: 116: 3890: 2245:

Law in American History, Volume 1: From the Colonial Years Through the Civil War

1477:

under which parties generally bear their own attorneys' fees (as opposed to the

700:

The difficult question is whether federal judicial power extends to formulating

8672: 8657: 8652: 8637: 8572: 8542: 8482: 8457: 8452: 8352: 8347: 8327: 8322: 8312: 8302: 8292: 8277: 8257: 8227: 8212: 8202: 8187: 8172: 8162: 8152: 8147: 8005: 7427: 7327: 6710: 5845: 5835: 5830: 5825: 5497: 5360: 5294: 4717: 4482: 4421: 3928:, vol. 1, ed. Christian Campbell (Salzburg: Yorkhill Law Publishing, 2006), 52. 1394:

is often used by suspects and convicts to challenge their detention, while the

1338: 1138: 1043: 983: 958: 928: 918: 788: 762: 747: 485: 473: 460:

Clauses of the Constitution have enabled federal law to expand into areas like

318: 2738:, 538 U.S. 558 (2003), in which the majority cited a European court decision, 1551: 587: 8686: 8632: 8627: 8622: 8612: 8597: 8557: 8547: 8527: 8507: 8492: 8447: 8417: 8407: 8397: 8382: 8337: 8332: 8317: 8267: 8237: 8217: 8207: 7950: 7940: 7885: 6408: 5708: 5517: 5152: 4706: 4435: 3259: 2982: 2620:, 1976): 686. Between 1808 and 1828, the briefs filed in court cases in the 1728: 1690: 1682: 1658: 1611: 1390: 1361: 1296: 1098: 1053: 993: 738: 712: 413: 283: 258: 167: 119:. The Constitution sets out the boundaries of federal law, which consists of 96: 4591: 4068:"Why Restate the Bundle?: The Disintegration of the Restatement of Property" 3441:, ed. Alan B. Morrison, 57–60 (New York: Oxford University Press, 1996), 60. 540:(NARA) where it is assigned a law number, and prepared for publication as a 8587: 8537: 8477: 8462: 8442: 8422: 8392: 8387: 8357: 8342: 8297: 8247: 8242: 7925: 6715: 6687: 5742: 4765: 4727: 4548: 3959: 1506: 1478: 1470: 1431: 1404:

actions are used by suspects to recover tort damages for police brutality.

1128: 1008: 973: 858: 734: 404:, but are now subject only to a lesser form of judicial deference known as 236: 190: 186: 1495: 8522: 8412: 8372: 8367: 8262: 7895: 6992: 6523: 5860: 5762: 5502: 5365: 5121: 4977: 4656: 4342: 3913:

Understanding EU Law: Objectives, Principles and Methods of Community Law

3505: 1518: 1342: 1326: 1287: 1088: 988: 873: 784: 743: 717: 549: 241: 213: 2001: 660: 7820: 5855: 5661: 5487: 5482: 5400: 4463:

A Legal History of the Civil War and Reconstruction: A Nation of Rights

2612:

Elizabeth Gaspar Brown, "Frontier Justice: Wayne County 1796–1836", in

2536: 2492:

Effective Legal Research: A Practical Manual of Law Books and Their Use

1555:

The Restatement (Second) of Torts, a highly influential restatement of

1427: 1347: 1302:

All states have somewhat similar laws in regard to "higher crimes" (or

894: 866: 603: 386: 209: 194: 155: 4759: 3885:(Clifton Park, NY: Thomson Delmar Learning, 2002), 100–101. See also 3675:

The Judicial Branch of State Government: People, Process, and Politics

3639:

The Judicial Branch of State Government: People, Process, and Politics

3487:(Washington: Administrative Office of the United States Courts, 2016). 3426:

The Judicial Branch of State Government: People, Process, and Politics

2470:(New ed.). Princeton: Princeton University Press. pp. 3–48. 1735:

under the "domestic relations exception" to diversity jurisdiction.

1442:

is the most prominent of the small number of remaining equity courts.

1426:

was replaced by code pleading in 27 states after New York enacted the

853: 7344: 7337: 2523:, 35 Cal. 4th 1125, 29 Cal. Rptr. 3d 352, 113 P.3d 41 (2005) (citing 1334: 1329:(minor crimes). Generally, most felony convictions result in lengthy 170: 4348:

American Civil Procedure: A Guide to Civil Adjudication in US Courts

2277:

Represent Yourself in Court: How to Prepare & Try a Winning Case

1469:) or a settlement. U.S. courts pioneered the concept of the opt-out 1314:, although penalties for these crimes may vary from state to state. 452:. Since the start of the 20th century, broad interpretations of the 8101: 5527: 5477: 4439: 1599: 1423: 1303: 1217: 541: 178: 136: 4515:

The Opening of American Law: Neoclassical Legal Thought, 1870–1970

1434:

courts was abolished in the federal courts by the adoption of the

306:

As common law courts, U.S. courts have inherited the principle of

4310:(2nd ed.). Oxford: Oxford University Press. p. xxxiii. 3711:

Sword and Shield: A Practical Approach to Section 1983 Litigation

2400:(4th ed.). Oxford: Oxford University Press. pp. 79–81. 2229: 1724: 374: 4567:. (Evolution of American legal institutions since 1790). (1974). 4242:(2nd ed.). Oxford: Oxford University Press. p. xxxii. 3606:

Judicial Process: Law, Courts, and Politics in the United States

1670:

to reduce such interstate diversity were spectacular failures.

204:

At both the federal and state levels, with the exception of the

4754: 4276:(2nd ed.). Oxford: Oxford University Press. p. xxxi. 3258:, 847 F.2d 564 (9th Cir. 1988). In this opinion, federal judge 1697:

or equivalent), bicycles (in certain cities and counties), and

1369: 1330: 1307: 124: 4529:

American Legal and Constitutional History: Cases and Materials

4351:. Alphen aan den Rijn: Kluwer Law International. p. 235. 4147:(4th ed.). Oxford: Oxford University Press. p. 145. 4038:(4th ed.). Oxford: Oxford University Press. p. 143. 3994:(4th ed.). Oxford: Oxford University Press. p. 142. 3854:(4th ed.). Oxford: Oxford University Press. p. 139. 3813:(4th ed.). Oxford: Oxford University Press. p. 138. 3772:(4th ed.). Oxford: Oxford University Press. p. 133. 3009:. Dordrecht: Springer Science+Business Media. pp. 19–46. 2640:(4th ed.). Oxford: Oxford University Press. p. 605. 2139:(4th ed.). Oxford: Oxford University Press. p. 646. 1322:

in certain states impose harsh penalties on repeat offenders.

746:. The contemporary form of the rule is descended from Justice 201:, which can and does vary greatly from one state to the next. 3956:"ALI Restatement of the Law Third, Torts: Products Liability" 3671:"Chapter 2, The Roles, Functions, and Powers of State Courts" 3635:"Chapter 2, The Roles, Functions, and Powers of State Courts" 2805:(5th ed.). Clifton Park, New York: Delmar. p. 139. 2778:(5th ed.). Clifton Park, New York: Delmar. p. 138. 2585:(4th ed.). Oxford: Oxford University Press. p. 83. 2452:, 2nd ed. (Buffalo: William S. Hein Publishing, 1994), 34–36. 1965:

Introduction to the Law and Legal System of the United States

1633:

By the 1990s, the avalanche of American cases resulting from

1534: 1292: 4611:(Rev. ed.). Baltimore: Johns Hopkins University Press. 4208:(2nd ed.). Oxford: Oxford University Press. p. 1. 3453: 2966:

Judgment Calls: Principle and Politics in Constitutional Law

2847:

A Guide to Judicial and Political Review of Federal Agencies

2209:(4th ed.). Oxford: Oxford University Press. p. 3. 1567:

of federal law, although some federal statutes, such as the

253:

In the United States, the law is derived from five sources:

79:

enacts federal statutes in accordance with the Constitution.

4749: 4744: 2672:, 40 Cal.4th 106, 51 Cal. Rptr. 3d 98, 146 P.3d 547 (2006). 1462: 1311: 1225: 208:, the law of the United States is largely derived from the 182: 4684:

Women in American Law: From Colonial Times to the New Deal

3277:

Stone Street Capital, LLC v. California State Lottery Com.

4703:. (1957). (Essays by eight distinguished American judges) 1325:

Some states distinguish between two levels: felonies and

104: 4651:

Sisters in Law: Women Lawyers in Modern American History

4144: