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United States

Common law Federal republic Written · 1789

Three ideas explain most of American law. It is common law — built on statutes plus a long chain of binding court decisions, or precedent. It is federal — power is divided between one national government and fifty states. And it rests on a single written Constitution that sits above all other law.

Legal system
Common law
Government
Federal republic
Constitution
Written · 1789
Court of last resort
Supreme Court of the United States
Jurisdictions
50 states + DC
Legal language
English (de facto)

Overview

Three ideas explain most of American law. It is common law — built on statutes plus a long chain of binding court decisions, or precedent. It is federal — power is divided between one national government and fifty states. And it rests on a single written Constitution that sits above all other law.

Legal system & tradition

The United States inherited the English common-law tradition: law lives not only in written statutes but in the accumulated decisions of courts. Higher-court rulings bind lower courts. Federal and state systems run in parallel; where valid federal law conflicts with state law, federal law prevails under the Constitution’s Supremacy Clause.

Constitution & government

Ratified in 1788 and in force since 1789, the U.S. Constitution is the oldest written national constitution still in use. The first ten amendments — the Bill of Rights (1791) — guarantee core freedoms. Power is split among three branches that check one another.

Courts & disputes

Most disputes are heard in state courts; federal courts handle constitutional questions, federal statutes, and cases that cross state lines. Trial courts find facts, appellate courts review the law, and the Supreme Court of the United States has the final word on federal and constitutional questions.

Major branches of law

Constitutional law
Structures government and protects fundamental rights.
Criminal law
Offences against the state, from misdemeanours to felonies.
Contract & tort
Agreements, and civil wrongs like negligence.
Family law
Marriage, divorce, custody — largely state-governed.
Property law
Ownership and transfer of land and goods.
Administrative law
Rules made and enforced by government agencies.

Rights & rule of law

Individual rights are protected mainly by the Constitution and its amendments and enforced by independent courts. The Bill of Rights covers speech, religion, assembly, and due process; later amendments extended equal protection and voting rights. Much of their meaning is settled through Supreme Court interpretation.

Key milestones

1776
Declaration of Independence.
1788
Constitution ratified; in force 1789.
1791
Bill of Rights adopted.
1803
Marbury v. Madison establishes judicial review.
1868
14th Amendment guarantees equal protection.
1954
Brown v. Board ends school segregation.
1964
Civil Rights Act outlaws major forms of discrimination.

Higher-risk & getting help

For real decisions, consult a licensed attorney. Free or low-cost help is available through legal aid organisations, public defenders for criminal matters, and state bar referral services. In emergencies involving safety, contact local authorities first.

Official sources

About this profile

JusticeWiki profiles provide general legal orientation, not legal advice. Each section is reviewed and dated, and cites official sources so you can check the original. Found an error? Email us a correction and a reviewer will check it.