The difference with the US legal system stems from the fact that the United States is essentially a common law country. This means that there is no statutory basis for most decisions and what are used are judicial precedents. While there are statutes and laws, there are certain areas of American law that are not covered such as torts, property and contracts, which are traditionally part of common law. This is different from other world systems which follow the civil law approach that bases rulings on statutes.
What is the historical background of the U. S legal system? The US legal system was adopted from the English common law system. This was the English system which was implemented during the revolutionary war. This evolved over the years, however, making the United States Constitution the supreme law of the land. It also allows for international law and treaties by parties. There is also a federal system which has different laws all respecting the Constitution. Does the law change to adapt to new societal circumstances?
Please give example Yes, the law is able to adapt to new societal circumstances because it is a common law system. Since the courts in the United States are both courts of law and courts of equity, when certain circumstances arise, the courts are allowed not bound by statute and are free to adjust to the circumstances. One such example is the traditional stand that the Supreme Court has with abortion, which was allowed by the Supreme Court in Roe v Wade but has been limited in further cases due to societal pressure and changes.
In this case, it was shown that while the right to abortion was previously allowed, certain circumstances had to be considered to add limits to the exercise of such right. Does the law seek predictability so that ordinary people can plan their lives? The law does not seek predictability instead it seeks to instill consistency. There should be more consistency than predictability. The courts should always seek to uphold the laws of the land and the constitution of the United States. It should not be that people expect the courts to always decide the same way but that the courts are able to adjust in certain circumstances.