U.S. Legal System Predominantly Common Law, Louisiana Exception
The U.S. legal system primarily operates on common law, a principle-based framework that's recognised in 49 out of 50 states and at the federal level. Louisiana, however, follows a civil law system, the Napoleonic Code, which is based on French law.
Common law is derived from court decisions rather than statutes enacted by legislative bodies. Judges rely on previous cases' principles and rulings to guide their decision-making process. This system ensures consistency and predictability in legal outcomes.
In the U.S., the application of written law is fundamental and is safeguarded through a system of checks and balances. This involves several authorities and strong political accountability of prosecutors at both federal and state levels. This structure reflects democratic control rather than institutional independence, unlike some other legal systems.
When there's no relevant legislation, common law principles take precedence. This is a key feature of the U.S. legal system, making it distinct from statutory law systems.
The U.S. legal system is predominantly based on common law, with Louisiana being the exception. This system, guided by previous case principles, ensures consistency and is supported by a robust system of checks and balances. When legislation is absent, common law principles step in to govern.
