While there are many nuances between common law jurisdictions, federal and state laws generally have similar foundations. Federal common law focuses on issues that are federally governed, while state laws are more flexible. Federal common law is limited to interpreting federal statutes and constitutional provisions. In general, common law jurisdictions do not interfere with state laws. However, they do affect the outcome of court cases.
Despite the differences, common law systems generally adhere to similar laws and punishments for higher crimes. In fact, common law systems often include laws such as capital punishment. Three strikes laws also differ, which punish repeat offenders with harsher penalties. If you’re wondering if your state has a common law system, you’ll be happy to know that Louisiana has an unusual mix of both common law and civil law.
Federal and state law may overlap. Federal statutes, however, typically preempt state law. States with common law systems also have laws in place that apply to state cases. However, many common law countries do not rely on juries. This is because the number of jurors and the degree of agreement between jurors varies widely. Some states treat possession of a small amount of drugs as a misdemeanor, while others view it as a medical issue.
