Common Law

Most of the British common law as it existed at the time of the American Revolution became the foundation of a distinctly American system of law. Common law has varied from state to state, but only one state, Louisiana, differs significantly from the rest, basing its system on the French civil-law model. In each state the highest appellate court, usually the state supreme court, is the ultimate arbiter of the common law, subject to alterations by legislative action. The U.S. Supreme Court is the ultimate arbiter of all federal law and of the U.S. Constitution, which is superior to all other laws. As in Britain, statutory law has largely supplanted common law in state and federal systems, although common law is still influential. The order of authority of law in the United States, is the Constitution, treaties with foreign powers and acts of Congress, state constitutions, state statutory law, and finally the common law.

See also Administrative Law; International Law; Law.