English common law dates back to the Middle Ages when various customs and legal principles were applied consistently throughout England. This helped to create a sense of unity and commonality in the legal system across the country, replacing local variations and ensuring a standardized approach to justice. Over time, English common law became enshrined in legal codes and statutes, further solidifying its role in unifying England under a single legal framework.
The roots of US law can be traced back to multiple sources, including English common law, the European legal tradition, and the principles of the Enlightenment. In particular, English common law principles such as the rule of law, trial by jury, and the protection of individual rights have had a significant influence on the development of US legal system.
Common law came to America from English settlers who arrived in the early colonies. It is based on legal principles developed in England over centuries and continued to be used as the foundation of the legal system in the American colonies and later in the United States.
When the U.S. became independent it "received" the English Common Law system and built upon it. Since your question specified the 1600's the people in the American colonies would have been subject to English Common Law.
"Common law" had been the body of the law prior to the advent of legislative bodies such as Parliament in England, Congress in the United States and the legislatures in the states. The only state that does not follow English common law is Louisiana, which follows the French civil law. At present, statutory law constitutes the main body of the law.
Equity law is a system of law that developed in England to provide remedies that were not available under common law. It developed in the Court of Chancery, which was separate from the common law courts, to address situations where the strict application of common law rules led to injustice. Equity law is based on principles of fairness, justice, and conscience.
English common law
English common law
Common law encompasses law that is "understood" rather than legislated by Congress, in the U.S. Common law in the US began with the common law of England. So English common law is part of the basis of law in the U.S. Where there is no legislated law in a particular area and courts have cases in those areas - the court will turn to common law for guidance on what the law is and how the case should be decided. This is a simplified answer but specifically to your question - NO, they are not "the same" in the US and England.
US common law formed from English common law
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US common law formed from English common law.
The US did adopt the English Common Law, the only state that does not have the English Common Law is Louisiana.
In common law, the doctrine of reception (properly, reception of the common law of England in a colony) refers to the process in which the English law becomes applicable to a British Crown Colony, protectorate, or protected state.
US common law formed from English common law
English law required Colonists to trade with England.
I'm not completely sure but I would say that it is English Law. Because from my research I found under "common-marriage law", the first Act of Marriage occurred in the 1700's. At the time, there was not a USA but there were 13 colonies, and Britain ruled over them. Britain and England are both the same country, so I think it's English Law.