Part One

The first part 

  The United States is at once a very new nation and a very old nation. It is a new nation compared with many other countries, and it is new, too, in the sense that it is constantly being renewed by the addition of new elements of population and of new States. But in other senses it is old. It is the oldest of the "new" nations--the first one to be made out of an Old World colony. It has the oldest written constitution, the oldest continuous federal system, and the oldest practice of self government of any nation

   American is a very young country, it is an ancient nation. Compared with many countries in the world, it is a young country, at the same time, America by adding new elements of population and of new and updated continuously, in this sense, it is also a young country. But speak to it from another kind of significance and is an ancient country. It is the "young" the oldest country -- in all countries, American was the first colonial, emerges from the old country. It has the oldest written constitution, the oldest continuous federal system, and is the earliest practice of self government of country.

  One of the most interesting features of America 's youth is that the whole of its history belongs in the period since the invention of the printing press. The whole of its history is, therefore, recorded: indeed, it is safe to say that no other major nation has so comprehensive a record of its history as has the United States, for events such as those that are lost in the legendary past of Italy or France or England are part of the printed record of the United States. And the American record is not only comprehensive; it is immense. It embraces not only the record of the colonial era and of the Nation since 1776, but of the present fifty States as well, and the intricate network of relationships between States and Nation. Thus, to take a very elementary example, the reports of the United States Supreme Court fill some 350 volumes, and the reports of some States are almost equally voluminous: the reader who wants to trace the history of law in America is confronted with over 5000 stout volumes of legal case S.

    In the early days America a very interesting feature is the whole history of it belonging to the period since the invention of the printing press, so its history can be recorded: indeed, it can be said that any other country can not be like America are so detailed historical records, for events such as those that lost in Italy, France or the past legend is part of a America a printed record of the. Moreover, America record is not only comprehensive, and multitude. It is not only the record of the colonial era and of the nation since 1776, but also recorded the situation of 50 states, perplexing relationship between American federal and state also includes. This can give a very simple example, reporter American Federal Supreme Court consists of 350 volumes, and compilation of case of some states are nearly so much volume; the legal case to trace the history of law America readers will be faced with more than 5000 volumes.

  No one document, no handful of documents, can properly be said to reveal the character of a people or of their government. But when hundreds and thousands of documents strike a consistent note, over more than a hundred years, we have a right to say that is the keynote. When hundreds and thousands of documents address themselves in the same ways, to the same overarching problems, we have a right to read from them certain conclusions which we can call national characteristics

    One or a small number of records to properly reflect the characteristics of a nation or its government, but when hundreds and thousands of documents strike out the tone be consistent from beginning to end, over more than a hundred years, we have the right to say that is the keynote. When hundreds and thousands of documents expressed in the same way, and at the same problem, we can summarize some specific conclusions we call national characteristics from.

Part Two

The second part

 The American legal system, like the English, is methodologically mainly a case law system. Most fields of private law still consist primarily of case law and the extensive and steadily growing statutory law continues to be subject to binding interpretation through case law. Knowledge of the case law method as well as of the technique of working with case law therefore is of central importance for an understanding of American law and legal methodology

    America legal system and the British, in theory, mainly a case law system. Most fields of private law still consist primarily of case law, and increasing law is still subject to case law in the legal binding force of judicial interpretation. Therefore, to study law and legal methods USA, knowledge of the case law method as well as the research case law skills knowledge is the priority among priorities.

  The Common Law is historically the common general law -- with supremacy over local law--which was decreed by the itinerant judges of the English royal court. The enforcement of a claim presupposed the existence of a special form of action, a writ, with the result that the original common law represented a system of "actions" similar to that of classical Roman law. If a writ existed (in 1227) a claim could be enforced; there was no recourse for a claim without a writ, the claim did not exist. This system became inflexible when the "Provisions of Oxford" (1258) prohibited the creation of new writs, except for the flexibility which the "writ upon the case" allowed and which later led to the development of contract and tort law

    In history, the common law that is common general law -- with higher than local law -- composed of itinerant judges of the English royal court. The enforcement of a claim on the existence of the court writ this special action form as the premise, and that makes the original common law from similar to the ancient Rome law of "actions" that constitute the system. If a court order (in 1227), the claim may be performed; if no court writ, was no recourse for a claim, the claim did not exist. This system became less flexible, because in 1258 the "Oxford rules" prohibited the new writs, unless "writ upon the case" license, which later led to the development of contract law and tort law.

   The narrow limits of the forms of action and the limited recourse they provided led to the development of equity law and equity case law. "Equity", in its general meaning of doing "equity", deciding ex aequo et Bono, was first granted by the King, and later by his Chancellor as "keeper of the King's conscience", to afford relief in hardship cases. In the fifteenth century, however, equity law and equity case law developed into an independent legal system and judiciary (Court of Chancery) which competed with the ordinary common law courtsIts rules and maxims became fixed and, to a degree, inflexible as in any legal system. Special characteristics of equity law include: relief in the form of specific performance (in contrast to the common law award of compensatory damages), the injunction (a temporary or final order to do or not to do a specific act), the development of so called maxims of equity law which permeated the entire legal system and in many cases explain the origin of modern legal concepts. However, equitable relief regularly will lie only when the common law relief is inadequate. For instance, specific performance for the purchase of real property will be granted because common law damages are deemed to be inadequate since they cannot compensate the buyer in view of the uniqueness attributed to real property

   The narrow limits of the forms of action and the limited recourse they provided led to the development of equity law and equity case law. "Equity" is intended to be "fair" to act, in accordance with the "fair and reasonable principle" award, the first by the king's permission, and later by "the conscience of the king as the guardian of the" justice "to deal with difficult cases using the principle of. However, in fifteenth Century, equity law and equity case law developed into an independent legal system and common law court system and parallel a judicial system (i.e. the court). Its rules and maxims are determined, to a certain extent, has the same legal system and the other in the deterministic. The characteristics of equity law include: relief in the form of specific performance (in contrast to the common law relief of compensatory damages), ban (temporary decision to do or not to do a specific act of the parties or the final judgment), the development of the so-called equitable principles throughout the entire legal system, and in many cases explain the origin of modern legal concepts. But equitable remedies are generally inadequate relief when the common law to be applicable. For example, the purchase of real property transactions, in view of not only property, the common law damages specific performance compensation deemed insufficient to compensate for the loss of equity law applies.

   As the common law, equity law became part of American law either through judicial acceptance or through express statutory provision. Today, both legal systems have been merged in many American jurisdictions (beginning with New York in 1848), with the result that there is only one form of civil suit in these jurisdictions as well as in federal practice. Only few States continue to maintain a separate Chancery court. Nevertheless, the reference to the historical development is important because, on the one hand, it explains the origin and significance of many contemporary legal concepts (for instance the division of title in the law of property and on the), other hand, it is still relevant for the decision of such questions whether, for instance, there is a right to a trial by jury (only in the case of common law suits, in other cases only before the judge). In addition, the differentiation will determine whether the "ordinary" common law relief of damages applies or whether the "extraordinary" equity remedy o F specific performance is available

    As the common law, equity law through judicial or express statutory provision has gradually become a part of American law. At present, the two legal systems have been incorporated into the American judicial system (which began in New York in 1848), therefore, the state judicial system and the federal system as only a civil lawsuit system. Only few states continue to maintain a separate Chancery court. The history of the development of the equity law but can not be ignored, because on the one hand, it can explain many contemporary legal concepts (such as ownership in the law of property division) the origin and significance, on the other hand, some questions on judicial ruling and reference value, for example, the right to a trial by jury (only for common law cases in other cases, the judge). In addition, according to the difference of the common law and equity law, ruling shall apply to the common law damages or equitable relief, specific provisions of the relief.

  "Case law" describes the entire body of judge made law and today includes common law and equity precedents. In imprecise and confusing usage the terms "common law" and "case law" are often used synonymously, with the term "common law" in this usage connoting judge made law in general as contrasted with statutory law. "Case law" always connotes judge made law, while "common law" in contrast--depending on the meaning intended--describes either the judge made law in common law subject matters or, more extensively, all judge made law

    "Case law" is the general term of judge made law. At present, including the common law, equity law precedent. The concept of "common law" and "law" is often confused, mistaken for synonyms. The common law refers to "judge made law" and "law", the concept of relative. "Case law" usually refers to "judge made law", and "common law" refers to the concrete case relatively common law judge made law, or refers to all the law judge made depends on the intention to. (end)

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