The Common Law and Judicial Precedent

The common law developed from unwritten English law, which was based on tradition and custom. English common law is the basis for federal law and the law of all states, except Louisiana (whose law is based on the Napoleonic Code or the French Civil Code). The most important characteristic of common law is that it is judge-made law rather the law derived from constitutions, statutes, regulations and ordinances, which are legislative enactments. Under the common law system, current cases are decided using the precedents established by past judicial decisions.

Hung Juries

The United States Constitution guarantees all criminal defendants a right to a trial by a jury of their peers. A criminal jury consists of 12 people. There is also a constitutional right to a jury trial in certain types of civil cases. The jury in a civil case usually contains 6 to 12 people. If the jurors cannot agree on a verdict, the jury is said to be a "hung jury" or a "deadlocked jury." If a jury deadlocks, the result is a mistrial.

The Supreme Court of the United States

The United States Constitution provides that the judicial power of the United States is vested in one Supreme Court and any lower courts established by the United States Congress. The Supreme Court was organized on February 2, 1790.

Federal Court of Appeals Judges

The federal court system has an intermediate level appellate court, which is called the court of appeals. The President of the United States appoints all federal judges, including federal court of appeals judges. However, the United States Senate has to confirm each appointment. Federal judges are appointed for life.

Uniform Acts and Model Acts

The National Conference of Commissioners on Uniform State Laws was created in 1892. The National Conference is composed of more than 300 Uniform Law Commissioners. The Commissioners are lawyers who are appointed from each state. The Commissioners draft uniform or model legislation that addresses problems that are common to all states. The National Conference finances its activities through funds appropriated by state legislatures. The goal of the National Conference is to encourage the adoption of laws that are consistent throughout the states.