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136-678: The McFadden Act is a United States federal law , named after Louis Thomas McFadden , member of the United States House of Representatives and Chairman of the United States House Committee on Banking and Currency , enacted in 1927 from recommendations made by former Comptroller of the Currency Henry May Dawes . The Act sought to give national banks competitive equality with state-chartered banks by letting national banks branch to
272-853: A Treaty of Alliance in February 1778. In 1779, the Sullivan Expedition undertook a scorched earth campaign against the Iroquois who were largely allied with the British. Indian raids on the American frontier, however, continued to be a problem. Also, in 1779, Spain allied with France against Great Britain in the Treaty of Aranjuez , though Spain did not formally ally with the Americans. Howe's replacement Henry Clinton intended to take
408-401: A jury , and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment ) or a settlement. U.S. courts pioneered the concept of the opt-out class action , by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into
544-706: A successful siege , Washington's forces drove the British Army out of Boston in March 1776, and British commander in chief William Howe responded by launching the New York and New Jersey campaign . Howe captured New York City in November. Washington responded by clandestinely crossing the Delaware River and winning small but significant victories at Trenton and Princeton . In the summer of 1777, as Howe
680-548: A British classic or two, a famous old case, or a nod to Blackstone ; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general. Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce . The United States Code
816-597: A breach of general obligations imposed by law and not by contract. This broad family of civil wrongs involves interference "with person, property, reputation, or commercial or social advantage." American Revolutionary War American and allied victory Great Britain cedes generally, all mainland territories east of the Mississippi River , south of the Great Lakes , and north of the Floridas to
952-546: A brief skirmish at Lexington, followed by the full-scale Battles of Lexington and Concord. British troops suffered around 300 casualties before withdrawing to Boston , which was then besieged by the militia. In May 1775, 4,500 British reinforcements arrived under Generals William Howe , John Burgoyne , and Sir Henry Clinton . On June 17, they seized the Charlestown Peninsula at the Battle of Bunker Hill ,
1088-452: A court as persuasive authority as to how a particular statute or regulation may be interpreted (known as Skidmore deference), but are not entitled to Chevron deference. Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of
1224-747: A customs vessel in the June 1772 Gaspee Affair , then came to a head in 1773. A banking crisis led to the near-collapse of the East India Company , which dominated the British economy; to support it, Parliament passed the Tea Act , giving it a trading monopoly in the Thirteen Colonies . Since most American tea was smuggled by the Dutch, the act was opposed by those who managed the illegal trade, while being seen as yet another attempt to impose
1360-581: A final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule. Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by
1496-546: A frontal assault in which they suffered over 1,000 casualties. Dismayed at the costly attack which had gained them little, Gage appealed to London for a larger army, but instead was replaced as commander by Howe. On June 14, 1775, Congress took control of Patriot forces outside Boston, and Congressional leader John Adams nominated Washington as commander-in-chief of the newly formed Continental Army . On June 16, Hancock officially proclaimed him "General and Commander in Chief of
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#17327720677071632-597: A handful of areas like insurance , Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act ). After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it
1768-438: A legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by
1904-426: A lesser form of judicial deference known as Skidmore deference . Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of stare decisis . During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like
2040-455: A logistically challenging and dangerous operation. Meanwhile, the Hessians were involved in numerous clashes with small bands of Patriots and were often aroused by false alarms at night in the weeks before the actual Battle of Trenton . By Christmas they were tired, while a heavy snowstorm led their commander, Colonel Johann Rall , to assume no significant attack would occur. At daybreak on
2176-409: A matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine
2312-478: A medical issue and others categorizing the same offense as a serious felony . The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to
2448-521: A number of civil law innovations. In the United States, the law is derived from five sources: constitutional law , statutory law , treaties, administrative regulations , and the common law (which includes case law). If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid. Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by
2584-580: A rearguard. Howe met with a delegation from the Second Continental Congress at the September Staten Island Peace Conference , but it failed to conclude peace, largely because the British delegates only had the authority to offer pardons and could not recognize independence. On September 15, Howe seized control of New York City when the British landed at Kip's Bay and unsuccessfully engaged
2720-828: A riot started in Boston when the authorities seized the sloop Liberty on suspicion of smuggling. Tensions escalated further in March 1770 when British troops fired on rock-throwing civilians, killing five in what became known as the Boston Massacre . The Massacre coincided with the partial repeal of the Townshend Acts by the Tory-based North Ministry , which came to power in January 1770 and remained in office until 1781. North insisted on retaining duty on tea to enshrine Parliament's right to tax
2856-591: A second attack captured Fort Mifflin on November 16, while Fort Mercer was abandoned two days later when Cornwallis breached the walls. His supply lines secured, Howe tried to tempt Washington into giving battle, but after inconclusive skirmishing at the Battle of White Marsh from December 5 to 8, he withdrew to Philadelphia for the winter. On December 19, the Americans followed suit and entered winter quarters at Valley Forge ; while Washington's domestic opponents contrasted his lack of battlefield success with Gates' victory at Saratoga, foreign observers such as Frederick
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#17327720677072992-649: A small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants. Despite
3128-480: A struggle with Britain, but also split between American Patriots and American Loyalists. Patriots generally supported independence from Britain and a new national union in Congress, while Loyalists remained faithful to British rule. Estimates of numbers vary, one suggestion being the population as a whole was split evenly between committed Patriots, committed Loyalists, and those who were indifferent. Others calculate
3264-529: A subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of stare decisis , a lower court that enforces an unconstitutional statute will be reversed by the Supreme Court. Conversely, any court that refuses to enforce a constitutional statute will risk reversal by the Supreme Court. The United States and most Commonwealth countries are heirs to
3400-671: A threat to liberty in general. This led to increased sympathy for the Patriot cause locally, in the British Parliament, and in the London press. Throughout the 18th century, the elected lower houses in the colonial legislatures gradually wrested power from their governors. Dominated by smaller landowners and merchants, these assemblies now established ad-hoc provincial legislatures, variously called congresses, conventions, and conferences, effectively replacing royal control. With
3536-400: A willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations. It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until
3672-427: A year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions . These may result in fines and sometimes the loss of one's driver's license, but no jail time. On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of
3808-441: Is no general federal common law . Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which
3944-401: Is also one of the first times that the colonies were referred to as "United States", rather than the more common United Colonies . On July 2, Congress voted for independence and published the declaration on July 4. At this point, the revolution ceased to be an internal dispute over trade and tax policies and had evolved into a civil war, since each state represented in Congress was engaged in
4080-526: Is assigned a law number, and prepared for publication as a slip law . Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large , and they are known as session laws . The Statutes at Large present a chronological arrangement of the laws in
4216-462: Is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers . Second,
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4352-423: Is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders. Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation , large fines , and orders to pay restitution directly to victims; while misdemeanors may lead to
4488-460: Is the most prominent of the small number of remaining equity courts. Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction. New York, Illinois, and California are
4624-571: Is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations , which are published in the Federal Register and codified into the Code of Federal Regulations . From 1984 to 2024, regulations generally also carried the force of law under the Chevron doctrine , but are now subject only to
4760-540: Is usually expressed in the form of various legal rights and duties). (The remainder of this article requires the reader to be already familiar with the contents of the separate article on state law .) Criminal 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 (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration , but torts (see below) cannot. The majority of
4896-628: The Appalachian Mountains also avoided the cost of an expensive military occupation. The Royal Proclamation of 1763 was designed to achieve these aims by refocusing colonial expansion north into Nova Scotia and south into Florida , with the Mississippi River as the dividing line between British and Spanish possessions in America. Settlement was tightly restricted beyond the 1763 limits, and claims west of this line, including by Virginia and Massachusetts , were rescinded despite
5032-478: The Battle of Brandywine on September 11, then allowing him to withdraw in good order. After dispersing an American detachment at Paoli on September 20, Cornwallis occupied Philadelphia on September 26, with the main force of 9,000 under Howe based just to the north at Germantown . Washington attacked them on October 4, but was repulsed. To prevent Howe's forces in Philadelphia being resupplied by sea,
5168-511: The Battle of Sullivan's Island on June 28, 1776, but it failed. A shortage of gunpowder led Congress to authorize a naval expedition against the Bahamas to secure ordnance stored there. On March 3, 1776, an American squadron under the command of Esek Hopkins landed at the east end of Nassau and encountered minimal resistance at Fort Montagu . Hopkins' troops then marched on Fort Nassau . Hopkins had promised governor Montfort Browne and
5304-931: The British Army . The conflict was fought in North America , the Caribbean , and the Atlantic Ocean . The war ended with the Treaty of Paris (1783) , which resulted in Great Britain ultimately recognizing the independence and sovereignty of the United States. After the British Empire gained dominance in North America with victory over the French in the Seven Years' War in 1763, tensions and disputes arose between Great Britain and
5440-710: The British West Indies and Britain and barred New England ships from the Newfoundland cod fisheries . The increase in tension led to a scramble for control of militia stores, which each assembly was legally obliged to maintain for defense. On April 19, a British attempt to secure the Concord arsenal culminated in the Battles of Lexington and Concord , which began the Revolutionary War. After
5576-852: The Burning of Norfolk on January 1, 1776. The siege of Savage's Old Fields began on November 19 in South Carolina between Loyalist and Patriot militias, and the Loyalists were subsequently driven out of the colony in the Snow Campaign . Loyalists were recruited in North Carolina to reassert British rule in the South, but they were decisively defeated in the Battle of Moore's Creek Bridge . A British expedition sent to reconquer South Carolina launched an attack on Charleston in
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5712-620: The California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already." Today, in the words of Stanford law professor Lawrence M. Friedman : "American cases rarely cite foreign materials. Courts occasionally cite
5848-637: The Continental Association ; based on a draft prepared by the First Virginia Convention in August, the association instituted economic sanctions and a full boycott of goods against Britain. While denying its authority over internal American affairs, a faction led by James Duane and future Loyalist Joseph Galloway insisted Congress recognize Parliament's right to regulate colonial trade. Expecting concessions by
5984-452: The Erie doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction , federal trial courts must apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that
6120-486: The Federal Arbitration Act (which has been interpreted to cover all contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract. Tort law generally covers any civil action between private parties arising from wrongful acts that amount to
6256-641: The Iroquois for their support, while US envoys urged them to remain neutral. Aware of Native American leanings toward the British and fearing an Anglo-Indian attack from Canada, Congress authorized a second invasion in April 1775. After the defeat at the Battle of Quebec on December 31, the Americans maintained a loose blockade of the city until they retreated on May 6, 1776. A second defeat at Trois-Rivières on June 8 ended operations in Quebec. British pursuit
6392-484: The Judiciary Acts ), and the beginning of regular verbatim publication of U.S. appellate decisions by West Publishing . The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as
6528-729: The Second Continental Congress appointed the Committee of Five : Thomas Jefferson , John Adams , Benjamin Franklin , Roger Sherman , and Robert Livingston . The declaration was written almost exclusively by Jefferson. Identifying inhabitants of the Thirteen Colonies as "one people", the declaration simultaneously dissolved political links with Britain, while including a long list of alleged violations of "English rights" committed by George III . This
6664-652: The Second Continental Congress formalized Patriot militias into the Continental Army and appointed Washington its commander-in-chief. The British Parliament declared the colonies to be in a state of rebellion in August 1775. The stakes of the war were formalized with passage of the Lee Resolution by the Congress in Philadelphia on July 2, 1776, and the unanimous ratification of the Declaration of Independence two days later, on July 4, 1776. After
6800-544: The Seven Years' War , ended with the 1763 Peace of Paris , which expelled France from their possessions in New France . Acquisition of territories in Atlantic Canada and West Florida , inhabited largely by French and Spanish-speaking Catholics , led British authorities to consolidate their hold by populating them with English-speaking settlers. Preventing conflict between settlers and Indian tribes west of
6936-767: The Sugar Act and Stamp Act , which imposed additional taxes on the colonies to pay for defending the western frontier. In July 1765, the Whigs formed the First Rockingham ministry , which repealed the Stamp Act and reduced tax on foreign molasses to help the New England economy, but re-asserted Parliamentary authority in the Declaratory Act . However, this did little to end the discontent; in 1768,
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#17327720677077072-399: The Thirteen Colonies over a variety of issues, including the Stamp and Townshend Acts . The resulting British military occupation led to the Boston Massacre in 1770. Among further tensions, the British Parliament imposed the Intolerable Acts in mid-1774. A British attempt to disarm the Americans and the resulting Battles of Lexington and Concord in April 1775 ignited the war. In June,
7208-414: The United States . [REDACTED] Great Britain Combatants The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence , was an armed conflict that was part of the broader American Revolution , in which American Patriot forces organized as the Continental Army and commanded by George Washington defeated
7344-520: The colonial legislatures agreed on the boundaries but disagreed on where to set them. Many settlers resented the restrictions entirely, and enforcement required permanent garrisons along the frontier, which led to increasingly bitter disputes over who should pay for them. Although directly administered by the Crown , acting through a local governor, the colonies were largely governed by native-born property owners. While external affairs were managed by London, colonial militia were funded locally but with
7480-483: The military , money , foreign relations (especially international treaties), tariffs , intellectual property (specifically patents and copyrights ), and mail . Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation , telecommunications , railroads , pharmaceuticals , antitrust , and trademarks . In some areas, like aviation and railroads,
7616-399: The rule of law . The contemporary form of the rule is descended from Justice Louis Brandeis 's "landmark dissent in 1932's Burnet v. Coronado Oil & Gas Co .", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority." Here is a typical exposition of how public policy supports
7752-445: The 26th, the American Patriots surprised and overwhelmed Rall and his troops, who lost over 20 killed including Rall, while 900 prisoners, German cannons and supplies were captured. The Battle of Trenton restored the American army's morale, reinvigorated the Patriot cause, and dispelled their fear of what they regarded as Hessian "mercenaries". A British attempt to retake Trenton was repulsed at Assunpink Creek on January 2; during
7888-440: The 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations ), states are the plenary sovereigns , each with their own constitution , while the federal sovereign possesses only the limited supreme authority enumerated in
8024-402: The American cause. The reduced Continental Army had dwindled to fewer than 5,000 men and was reduced further when enlistments expired at the end of the year. Popular support wavered, and morale declined. On December 20, 1776, the Continental Congress abandoned the revolutionary capital of Philadelphia and moved to Baltimore , where it remained until February 27, 1777. Loyalist activity surged in
8160-526: The Americans at the Battle of Harlem Heights the following day. On October 18, Howe failed to encircle the Americans at the Battle of Pell's Point , and the Americans withdrew. Howe declined to close with Washington's army on October 28 at the Battle of White Plains , and instead attacked a hill that was of no strategic value. Washington's retreat isolated his remaining forces and the British captured Fort Washington on November 16. The British victory there amounted to Washington's most disastrous defeat with
8296-407: The Canadians. In Virginia, Dunmore's Proclamation on November 7, 1775, promised freedom to any slaves who fled their Patriot masters and agreed to fight for the Crown. British forces were defeated at Great Bridge on December 9 and took refuge on British ships anchored near Norfolk. When the Third Virginia Convention refused to disband its militia or accept martial law, Lord Dunmore ordered
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#17327720677078432-584: The Colonial Secretary Lord Germain , proposing a limited offensive against Philadelphia, while a second force moved down the Hudson from Canada. Burgoyne supplied several alternatives, all of which gave him responsibility for the offensive, with Howe remaining on the defensive. The option selected required him to lead the main force south from Montreal down the Hudson Valley, while a detachment under Barry St. Leger moved east from Lake Ontario. The two would meet at Albany , leaving Howe to decide whether to join them. Reasonable in principle, this did not account for
8568-461: The Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract , tort , property , probate , criminal and family law , experienced by citizens on a day-to-day basis) consists primarily of state law , which, while sometimes harmonized, can and does vary greatly from one state to
8704-541: The Culper Spy Ring substantially increased the effective allocation and deployment of Continental regiments in the field. Throughout the war, Washington spent more than 10 percent of his total military funds on military intelligence . Washington split the Continental Army into positions on Manhattan and across the East River in western Long Island. On August 27 at the Battle of Long Island , Howe outflanked Washington and forced him back to Brooklyn Heights , but he did not attempt to encircle Washington's forces. Through
8840-605: The Great were equally impressed with Germantown, which demonstrated resilience and determination. Over the winter, poor conditions, supply problems and low morale resulted in 2,000 deaths, with another 3,000 unfit for duty due to lack of shoes. However, Baron Friedrich Wilhelm von Steuben took the opportunity to introduce Prussian Army drill and infantry tactics to "model companies" in each Continental Army regiment, who then instructed their home units. Despite Valley Forge being only twenty miles away, Howe made no effort to attack their camp, an action some critics argue could have ended
8976-422: The McFadden Act, it specified that state law continues to control intrastate branching, or branching within a state's borders, for both state and national banks. United States federal law The law of the United States comprises many levels of codified and uncodified forms of law , of which the supreme law is the nation's Constitution , which prescribes the foundation of the federal government of
9112-399: The North administration, Congress authorized the extralegal committees and conventions of the colonial legislatures to enforce the boycott; this succeeded in reducing British imports by 97% from 1774 to 1775. However, on February 9 Parliament declared Massachusetts to be in a state of rebellion and instituted a blockade of the colony. In July, the Restraining Acts limited colonial trade with
9248-411: The Patriot victory at Concord, moderates in Congress led by John Dickinson drafted the Olive Branch Petition , offering to accept royal authority in return for George III mediating in the dispute. However, since the petition was immediately followed by the Declaration of the Causes and Necessity of Taking Up Arms , Colonial Secretary Lord Dartmouth viewed the offer as insincere and refused to present
9384-434: The Patriots erected Fort Mifflin and nearby Fort Mercer on the east and west banks of the Delaware respectively, and placed obstacles in the river south of the city. This was supported by a small flotilla of Continental Navy ships on the Delaware, supplemented by the Pennsylvania State Navy , commanded by John Hazelwood . An attempt by the Royal Navy to take the forts in the October 20 to 22 Battle of Red Bank failed;
9520-477: The Thirteen Colonies—the Northern Theater and the Southern Theater —and a smaller but strategically important third one west of the Appalachian Mountains . On April 14, 1775, Sir Thomas Gage , Commander-in-Chief, North America and Governor of Massachusetts , received orders to take action against the Patriots. He decided to destroy militia ordnance stored at Concord, Massachusetts , and capture John Hancock and Samuel Adams , who were considered
9656-402: The United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making
9792-626: The United States, as well as various civil liberties . The Constitution sets out the boundaries of federal law, which consists of Acts of Congress , treaties ratified by the Senate , regulations promulgated by the executive branch , and case law originating from the federal judiciary . The United States Code is the official compilation and codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in
9928-518: The Whigs, Parliament initially rejected the imposition of coercive measures by 170 votes, fearing an aggressive policy would drive the Americans towards independence. However, by the end of 1774 the collapse of British authority meant both Lord North and George III were convinced war was inevitable. After Boston, Gage halted operations and awaited reinforcements; the Irish Parliament approved
10064-634: The area of food. This slowed Burgoyne's progress and forced him to send out large foraging expeditions; on one of these, more than 700 British troops were captured at the Battle of Bennington on August 16. St Leger moved east and besieged Fort Stanwix ; despite defeating an American relief force at the Battle of Oriskany on August 6, he was abandoned by his Indian allies and withdrew to Quebec on August 22. Now isolated and outnumbered by Gates, Burgoyne continued onto Albany rather than retreating to Fort Ticonderoga, reaching Saratoga on September 13. He asked Clinton for support while constructing defenses around
10200-657: The army of the United Colonies." He assumed command on July 3, preferring to fortify Dorchester Heights outside Boston rather than assaulting it. In early March 1776, Colonel Henry Knox arrived with heavy artillery acquired in the Capture of Fort Ticonderoga . Under cover of darkness, on March 5, Washington placed these on Dorchester Heights, from where they could fire on the town and British ships in Boston Harbor. Fearing another Bunker Hill, Howe evacuated
10336-406: The average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior. American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which
10472-564: The base for American naval operations. After regrouping at Halifax in Nova Scotia, Howe set sail for New York in June 1776 and began landing troops on Staten Island near the entrance to New York Harbor on July 2. The Americans rejected Howe's informal attempt to negotiate peace on July 30; Washington knew that an attack on the city was imminent and realized that he needed advance information to deal with disciplined British regular troops. On August 12, 1776, Patriot Thomas Knowlton
10608-625: The camp to a "squalid hell" and supplies were dangerously low. Burgoyne capitulated on October 17; around 6,222 soldiers, including German forces commanded by General Friedrich Adolf Riedesel , surrendered their arms before being taken to Boston, where they were to be transported to England. After securing additional supplies, Howe made another attempt on Philadelphia by landing his troops in Chesapeake Bay on August 24. He now compounded failure to support Burgoyne by missing repeated opportunities to destroy his opponent, defeating Washington at
10744-405: The charges. For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as
10880-470: The city on March 17 without further loss and sailed to Halifax, Nova Scotia , while Washington moved south to New York City. Beginning in August 1775, American privateers raided towns in Nova Scotia, including Saint John , Charlottetown , and Yarmouth . In 1776, John Paul Jones and Jonathan Eddy attacked Canso and Fort Cumberland respectively. British officials in Quebec began negotiating with
11016-430: The civilian inhabitants that their lives and property would not be in any danger if they offered no resistance; they complied. Hopkins captured large stores of powder and other munitions that was so great he had to impress an extra ship in the harbor to transport the supplies back home, when he departed on March 17. A month later, after a brief skirmish with HMS Glasgow , they returned to New London, Connecticut ,
11152-473: The class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions. Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving
11288-461: The colonial assemblies; combined with the lack of activity by Gage, opposition to the use of foreign troops allowed the Patriots to take control of the legislatures. Support for independence was boosted by Thomas Paine 's pamphlet Common Sense , which was published on January 10, 1776, and argued for American self-government and was widely reprinted. To draft the Declaration of Independence ,
11424-587: The colonies; the amount was minor, but ignored the fact it was that very principle Americans found objectionable. In April 1772, colonialists staged the first American tax revolt in Weare , New Hampshire against the British royal authority later referred to as the Pine Tree Riot . This occurrence would later inspire the design of the Pine Tree Flag . Tensions escalated following the destruction of
11560-603: The committee shared information and built alliances through secret correspondence, as well as employing secret agents in Europe to gather intelligence, conduct undercover operations, analyze foreign publications, and initiate Patriot propaganda campaigns. Paine served as secretary, while Benjamin Franklin and Silas Deane , sent to France to recruit military engineers, were instrumental in securing French aid in Paris. The Revolutionary War included two principal campaign theaters within
11696-405: The common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants. As common law courts, U.S. courts have inherited the principle of stare decisis . American judges, like common law judges elsewhere, not only apply the law, they also make the law, to
11832-460: The courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), there
11968-542: The crimes committed in the United States are prosecuted and punished at the state level. Federal criminal 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. All states have somewhat similar laws in regard to "higher crimes" (or felonies ), such as murder and rape , although penalties for these crimes may vary from state to state. Capital punishment
12104-484: The ending of the French threat in 1763, the legislatures expected less taxation, not more. At the same time, the huge debt incurred by the Seven Years' War and demands from British taxpayers for cuts in government expenditure meant Parliament expected the colonies to fund their own defense. The new taxes levied on subjects in the colonies proved highly burdensome in colonies such as North Carolina , particularly for
12240-613: The exact order that they have been enacted. Public laws are incorporated into the United States Code , which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives , and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows
12376-716: The exception of Georgia , twelve colonies sent representatives to the First Continental Congress to agree on a unified response to the crisis. Many of the delegates feared that an all-out boycott would result in war and sent a Petition to the King calling for the repeal of the Intolerable Acts. However, after some debate, on September 17, 1774, Congress endorsed the Massachusetts Suffolk Resolves and on October 20 passed
12512-519: The exception of a minor skirmishing between the two armies which continued until March, Howe made no attempt to attack the Americans. The 1776 campaign demonstrated that regaining New England would be a prolonged affair, which led to a change in British strategy to isolating the north by taking control of the Hudson River , allowing them to focus on the south where Loyalist support was believed to be substantial. In December 1776, Howe wrote to
12648-572: The extent permitted by state law. The McFadden Act specifically prohibited interstate branching by allowing each national bank to branch only within the state in which it is situated. Under a grandfather clause, three major banks were allowed to continue conducting interstate banking ( Northwestern National Bank , First Bank Stock Corporation , and First Western Bank ). Although the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 repealed this provision of
12784-412: The extent that their decisions in the cases before them become precedent for decisions in future cases. The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted " reception statutes " which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it
12920-562: The face of enemy fire. The successes led to predictions that the British could win within a year. The British established winter quarters in the New York City area and anticipated renewed campaigning the following spring. On the night of December 25–26, 1776, Washington crossed the Delaware River , leading a column of Continental Army troops from today's Bucks County, Pennsylvania , to today's Mercer County, New Jersey , in
13056-604: The fact that each colony argued that their boundaries extended from the Atlantic Ocean to the Pacific Ocean . The vast exchange of territory ultimately destabilized existing alliances and trade networks between settlers and Indians in the west, while it proved impossible to prevent encroachment beyond the Proclamation Line. With the exception of Virginia and others deprived of rights to western lands,
13192-607: The federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States , by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution , thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent ; this power
13328-450: The federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari . State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to
13464-439: The federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law , there are powerful laws at both the federal and state levels that coexist with each other. In
13600-409: The issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself. The fifty American states are separate sovereigns , with their own state constitutions , state governments , and state courts . All states have
13736-433: The latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of stare decisis ). The other major implication of
13872-428: The law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science. In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under
14008-475: The logistical difficulties involved and Burgoyne erroneously assumed Howe would remain on the defensive; Germain's failure to make this clear meant he opted to attack Philadelphia instead. Burgoyne set out on June 14, 1777, with a mixed force of British regulars, professional German soldiers and Canadian militia, and captured Fort Ticonderoga on July 5. As General Horatio Gates retreated, his troops blocked roads, destroyed bridges, dammed streams, and stripped
14144-503: The loss of 3,000 prisoners. The remaining American regiments on Long Island fell back four days later. General Henry Clinton wanted to pursue Washington's disorganized army, but he was first required to commit 6,000 troops to capture Newport, Rhode Island , to secure the Loyalist port. General Charles Cornwallis pursued Washington, but Howe ordered him to halt. The outlook following the defeat at Fort Washington appeared bleak for
14280-1139: The majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the National Center for State Courts ' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases. States have delegated lawmaking powers to thousands of agencies , townships , counties , cities , and special districts . And all
14416-406: The mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to
14552-542: The most famous is the Miranda warning . The writ of habeas corpus is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and Bivens actions are used by suspects to recover tort damages for police brutality. The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading
14688-664: The most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure. Generally, American civil procedure has several notable features, including extensive pretrial discovery , heavy reliance on live testimony obtained at deposition or elicited in front of
14824-664: The next. Even in areas governed by federal law, state law is often supplemented, rather than preempted. At both the federal and state levels, with the exception of the legal system of Louisiana , the law of the United States is largely derived from the common law system of English law , which was in force in British America at the time of the American Revolutionary War . However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated
14960-473: The night of August 28, Knox bombarded the British. Knowing they were up against overwhelming odds, Washington ordered the assembly of a war council on August 29; all agreed to retreat to Manhattan. Washington quickly had his troops assembled and ferried them across the East River to Manhattan on flat-bottomed freight boats without any losses in men or ordnance, leaving General Thomas Mifflin 's regiments as
15096-440: The night, Washington outmaneuvered Cornwallis, then defeated his rearguard in the Battle of Princeton the following day. The two victories helped convince the French that the Americans were worthy military allies. After his success at Princeton, Washington entered winter quarters at Morristown, New Jersey , where he remained until May and received Congressional direction to inoculate all Patriot troops against smallpox . With
15232-416: The perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which
15368-491: The petition to the king. Although constitutionally correct, since George could not oppose his own government, it disappointed those Americans who hoped he would mediate in the dispute, while the hostility of his language annoyed even Loyalist members of Congress. Combined with the Proclamation of Rebellion , issued on August 23 in response to the Battle at Bunker Hill , it ended hopes of a peaceful settlement. Backed by
15504-507: The poorer classes, and quickly became a source of much discontent. The 1763 to 1765 Grenville ministry instructed the Royal Navy to cease trading smuggled goods and enforce customs duties levied in American ports. The most important was the 1733 Molasses Act ; routinely ignored before 1763, it had a significant economic impact since 85% of New England rum exports were manufactured from imported molasses. These measures were followed by
15640-591: The presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth. Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until
15776-567: The present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions. Congress often enacts statutes that grant broad rulemaking authority to federal agencies . Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under
15912-574: The principal instigators of the rebellion. The operation was to begin around midnight on April 19, in the hope of completing it before the American Patriots could respond. However, Paul Revere learned of the plan and notified Captain Parker , commander of the Concord militia, who prepared to resist. The first action of the war, commonly referred to as the shot heard round the world , was
16048-544: The principle of Chevron deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes. Regulations are adopted pursuant to the Administrative Procedure Act (APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received,
16184-644: The principle of taxation by Parliament. In December 1773, a group called the Sons of Liberty disguised as Mohawk natives dumped 342 crates of tea into the Boston Harbor , an event later known as the Boston Tea Party . The British Parliament responded by passing the so-called Intolerable Acts , aimed specifically at Massachusetts, although many colonists and members of the Whig opposition considered them
16320-469: The recruitment of new regiments, while allowing Catholics to enlist for the first time. Britain also signed a series of treaties with German states to supply additional troops . Within a year, it had an army of over 32,000 men in America, the largest ever sent outside Europe at the time. The employment of German soldiers against people viewed as British citizens was opposed by many in Parliament and by
16456-580: The relevant state law is irrational or just bad public policy. Under Erie , such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed
16592-473: The rest were unpublished and bound only the parties to each case. As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and
16728-453: The rule of stare decisis . This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while
16864-422: The rule of binding precedent in a 2008 majority opinion signed by Justice Breyer : Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." Burnet v. Coronado Oil & Gas Co. [...] To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect
17000-609: The sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts . Parties are permitted to agree to arbitrate disputes arising from their contracts. Under
17136-557: The sovereignty and independence of the United States, bringing the American Revolutionary War to an end. The Treaties of Versailles resolved Great Britain's conflicts with France and Spain and forced Great Britain to cede Tobago , Senegal , and small territories in India to France, and Menorca , West Florida and East Florida to Spain. The French and Indian War, part of the wider global conflict known as
17272-475: The split as 40% Patriot, 40% neutral, 20% Loyalist, but with considerable regional variations. At the onset of the war, the Second Continental Congress realized defeating Britain required foreign alliances and intelligence-gathering. The Committee of Secret Correspondence was formed for "the sole purpose of corresponding with our friends in Great Britain and other parts of the world". From 1775 to 1776,
17408-448: The state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts. It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time,
17544-495: The town. Morale among his troops rapidly declined, and an unsuccessful attempt to break past Gates at the Battle of Freeman Farms on September 19 resulted in 600 British casualties. When Clinton advised he could not reach them, Burgoyne's subordinates advised retreat; a reconnaissance in force on October 7 was repulsed by Gates at the Battle of Bemis Heights , forcing them back into Saratoga with heavy losses. By October 11, all hope of escape had vanished; persistent rain reduced
17680-428: The wake of the American defeat, especially in New York state . In London, news of the victorious Long Island campaign was well received with festivities held in the capital. Public support reached a peak. Strategic deficiencies among Patriot forces were evident: Washington divided a numerically weaker army in the face of a stronger one, his inexperienced staff misread the military situation, and American troops fled in
17816-737: The war against the Americans into the Southern Colonies . Despite some initial success, British general Cornwallis was besieged by a Franco-American force in Yorktown in September and October 1781. Cornwallis was forced to surrender in October. The British wars with France and Spain continued for another two years, but fighting largely ceased in North America. In the Treaty of Paris, ratified on September 3, 1783, Great Britain acknowledged
17952-590: Was initially blocked by American naval vessels on Lake Champlain until victory at Valcour Island on October 11 forced the Americans to withdraw to Fort Ticonderoga , while in December an uprising in Nova Scotia sponsored by Massachusetts was defeated at Fort Cumberland . These failures impacted public support for the Patriot cause, and aggressive anti-Loyalist policies in the New England colonies alienated
18088-522: Was ordered to form an elite group for reconnaissance and secret missions. Knowlton's Rangers , which included Nathan Hale , became the Army's first intelligence unit. When Washington was driven off Long Island , he soon realized that he would need to professionalize military intelligence. With aid from Benjamin Tallmadge , Washington launched the six-man Culper spy ring . The efforts of Washington and
18224-483: Was poised to capture Philadelphia , the Continental Congress fled to Baltimore . In October 1777, a separate northern British force under the command of John Burgoyne was forced to surrender at Saratoga in an American victory that proved crucial in convincing France and Spain that an independent United States was a viable possibility. France signed a commercial agreement with the rebels, followed by
18360-616: Was replaced by code pleading in 27 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery
18496-516: Was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide " cases or controversies " necessarily includes the power to decide the precedential effect of those cases and controversies. The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to
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