The Law of the united states is derived
from the common law of England, which was in force at the
time of the Revolutionary War. However, the supreme law of
the land in the United States is the United States of
Conctitution and, per the Constitution, treaties to which
the U.S. is a party. These form the basis for federal laws
under the federal constitution in the United States,
circumscribing the boundaries of the jurisdiction of
federal law and the laws in the fifty U.S. states and
territories.
Although the U.S. and most Commonwealth
nations are heirs to the common law legal tradition,
American law tends to be unique in many ways. This is
because the American legal system was severed from the
English system by the Revolution, and afterwards, it
evolved independently from the British Commonwealth legal
systems. Therefore, when attempting to trace the
development of traditional judge-made common law
principles (that is, the few that have not already been
overridden by newer laws), American courts will look at
English cases only up to the early 19th century.
Although the courts of the various
Commonwealth nations are often influenced by each other's
rulings, American courts rarely follow post-Revolution
Commonwealth rulings unless there is no American ruling on
point, the facts and law at issue are nearly identical,
and the reasoning is strongly persuasive. The earliest
American cases, even after the Revolution, often did cite
contemporary English cases, but such citations gradually
disappeared during the first half of the 19th century as
American courts developed their own homegrown principles
to resolve the legal problems of the American people.
Today, the vast majority of American legal citations are
to domestic cases. Sometimes, courts (and casebook
editors) do make exceptions for opinions on issues of
first impression by brilliant English jurists, like Lord
Denning.
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