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I stumbled upon this:
Because the common law of the Thirteen Colonies separated from that of Britain when the colonies declared independence in 1776, the British common law in effect at that time remains entrenched in United States federal law and in the law of most states, except where the appropriate American authority (e.g., a state or federal legislature or court) has abolished a given rule. Specifically, even if the British legislature or judiciary changes British common law on a given point, that change is not binding on American authorities.
Because the British did not abolish wager by battle until Parliament's 1819 response to Ashford v Thornton (1818), and because no court in post-independence United States has addressed the issue, the question of whether trial by combat remains a valid American alternative to civil action remains open, at least in theory
That would sure make CourtTV more interesting...
I stumbled upon this:
Because the common law of the Thirteen Colonies separated from that of Britain when the colonies declared independence in 1776, the British common law in effect at that time remains entrenched in United States federal law and in the law of most states, except where the appropriate American authority (e.g., a state or federal legislature or court) has abolished a given rule. Specifically, even if the British legislature or judiciary changes British common law on a given point, that change is not binding on American authorities.
Because the British did not abolish wager by battle until Parliament's 1819 response to Ashford v Thornton (1818), and because no court in post-independence United States has addressed the issue, the question of whether trial by combat remains a valid American alternative to civil action remains open, at least in theory
That would sure make CourtTV more interesting...
