crikey*mate wrote:
the_great_she_elephant wrote:
crikey*mate wrote:
The case of Scott vs Shepherd provides the precedent for how situations like this are handled by law.
I'm not sure tht its helpful to cite a precedent set in an English court when discusing an inceident that happened in USA.
All Federal Courts and 49 states of the United States of America use the legal system based on English Common Law.
From Wikipedia:
However, it is important to understand that despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law.[30] The reason is that although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution Commonwealth rulings unless there is no American ruling on point, the facts and law at issue are nearly identical, and the reasoning is strongly persuasive.
Early on, American courts, even after the Revolution, often did cite contemporary English cases. This was because appellate decisions from many American courts were not regularly reported until the mid-19th century; lawyers and judges, as creatures of habit, used English legal materials to fill the gap.[31] But 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.[32] The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910
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). 🙂
