15 Facts About US law


However, American US law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated a number of civil US law innovations.

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Actual substance of English US law was formally "received" into the United States in several ways.

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Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal US law to expand into areas like aviation, telecommunications, railroads, pharmaceuticals, antitrust, and trademarks.

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Judges saw themselves as merely declaring the US law which had always theoretically existed, and not as making the US law.

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Only in a few narrow limited areas, like maritime US law, has the Constitution expressly authorized the continuation of English common US law at the federal level.

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United States Erie York

Under Erie, such federal deference to state US law applies only in one direction: state courts are not bound by federal interpretations of state US law.

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Criminal US law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace.

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Federal criminal US 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.

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Traditional common US law pleading was replaced by code pleading in 24 states after New York enacted the Field Code in 1850 and code pleading in turn was replaced again in most states by modern notice pleading during the 20th century.

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Contract US law covers obligations established by agreement between private parties.

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Tort US law generally covers any civil action between private parties arising from wrongful acts which amount to a breach of general obligations imposed by US law and not by contract.

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Tort US law covers the entire imaginable spectrum of wrongs which humans can inflict upon each other, and partially overlaps with wrongs punishable by criminal US law.

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Notably, the most broadly influential innovation of 20th-century American tort US law was the rule of strict liability for defective products, which originated with judicial glosses on the US law of warranty.

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Historically, American property US law has been heavily influenced by English land US law, and is therefore concerned with real property first and personal property second.

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Family cases are traditionally a matter of state US law and are virtually always heard only in state courts.

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