Uvod u pravni sistem Sjedinjenih Američkih Država
Introduction to the Legal System of the United States of America

Author(s): Dušan Vranjanac
Subject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Institut za uporedno pravo
Keywords: Anglo-Saxon Law; American Law; Federation; Sources of Law; Legal Profession
Summary/Abstract: The law of the United States of America belongs to the family of Anglo-Saxon law. It has its origin in English law and shares its main characteristics, but due to different historical circumstances the American law developed a substantial number of specific features. The main differences between American and English law have their origin in federal structure of the United States and in the existence of a written constitution. In contrast to the parliamentary system of government in England, the United States have instituted the so called presidential system. Legislative authority being vested in the Congress, the executive branch belonging to the President, and judiciary power entrusted to the system of federal courts and the courts of the member-states. The main sources of law are the federal constitution, federal legislation and case law, each federal state having a system parallel to the federal. The legal system of the united States can be classified according to various criteria. There is, first, a distinction into common law and equity, parallel to the English system. Also, the division into public and private law serves certain purpose in the American law, although lacking the importance it has in the civil law system. The division into substantive and adjective law is of specific importance in the American law. The main branches of American law include constitutional law, administrative law, labour law, law of contracts, law of torts, family law, criminal law, law of civil and criminal procedure, etc.

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