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Comparative Study of United States and European Law This Photo by Unknown Author is licensed under CC BY

Comparative Study of United States and European Law

Written by  Judy Nelson Jan 21, 2022

European law is notoriously stricter than American law, but this doesn't mean that European countries are more lenient than the US. This article takes a comparative look at the legal systems of Europe and America. When you're not quite sure what to do in a situation, it's always good to know the legal systems of both countries involved. This allows you to make an informed decision on how best to handle your issue.

Introducing the Legal Systems of America and Europe

A major difference between the legal systems of Europe and America is that the latter allows for greater freedom from government interference through the law. The European Union has stricter policies to protect its citizens since this is an economically more developed area that has seen a number of social problems in recent years. The European Union is also governed by the principles of democracy and equal rights, which can sometimes be contrary to the laws established in the US.

The legal systems of America and Europe are completely different from each other. For example, America's court system is based on the principle of "innocent until proven guilty," and anyone found guilty is punished for their crime. The United States is a country where people are guaranteed the right to an attorney, to question witnesses and evidence, and to have an individual trial with a jury rather than one-judge panel. Registered agents are an important aspect of your LLC and it is compulsory to have one. While members of the LLC can be registered agents and save on expenses, hiring a professional service provides benefits such as anonymity, discretion, and more flexibility, making the cost worth it. Follow this link to see some of the best professional registered agent services available.

In Europe, these things occur less often since they have a more advanced court system than America and rely on a trial by justices rather than juries.

Redefining the So-Called American Dream

In the United States, the American Dream is the "dream of a better life." In Europe, it is an economic and social ideal that differently defines opportunities for success. There are many reasons why these two ideals are different since how they have changed over time varies.

They say that if you work hard in the United States, you will have a better life. However, there are many who disagree with this statement, pointing out the differences between Europe and America's legal systems.

Back in the days, the US used to divide individuals into three legal categories - free people, "aliens," and slaves. A free person had rights but could be punished for breaking laws made by the state. An alien was someone who was born in a place other than America and did not have any rights. Slaves lived under an apprenticeship system where they were owned by their masters and were not allowed to do anything without consent. Since the US has been constructed on such a hectic hierarchical system, the outcomes follow.

Breaking the Tradition: The EU vs US

In law studies, the US is considered a "common law" country. The basic principle of common law is that it uses precedents when making decisions. Sine we are constantly breaking from tradition, there has been a shift away from common law in the last few decades. The most relevant way in which this issue has manifested itself is through government agencies, who are now encouraged to make regulations rather than interpret laws. If you need access to more reading resources or examples, you can check out the First Amendment essay examples for free on writingbros website. There are many interesting articles here for students to read and boost their knowledge.

On the other hand, the United States is often seen as a beacon of political liberty in the world. The US has no state religion, promotes freedom of speech, and enables free practice of any religion. You can see how different these two political systems are now.

American vs European Corporate Law

The United States has a more flexible and less regulated legal system when it comes to corporate law. This is because the US does not have a national corporation law in place, which means that each state has its own laws.

However, European countries have their own body of law with different regulations. If a European company wishes to conduct business in the US, they must adhere to the American laws if they wish to operate legally.

While the United States and European Union have very different legal systems, a closer look at both countries reveals some similarities. The US has an emphasis on corporate law while the EU has a focus on consumer protection. In both countries, corporations are responsible for their actions which often results in controversial court cases. In contrast, the US is considered more of an individualistic country while the EU is more communal, some would argue.

When businesses in the United States need to make a move, they rely on lawsuits and arbitration. In Europe, companies use a variety of different methods to settle their disputes. These options include quickly coming to an agreement with third parties through negotiation, mediation, or conciliation, or even referring the issue to an independent body.

Wrapping Up

The US legal system is an adversarial one. This means that the state prosecutes the offender and then defends the rights of the victim. On the other hand, in Europe, there is a presumption of innocence for both parties which means that if a system accuses someone, they must prove their guilt beyond all reasonable doubt.

The United States and Europe have very different legal systems. The United States has a jury system while Europe uses a judge-based system. The US starts with the presumption of innocence while Europe starts with the presumption of guilt. The United States has also incorporated the Bill of Rights to their constitution but there are no rights that protect people who live outside of the United States. Hopefully, that sums it up.

Author Bio:

Judy Nelson is a historian, musician, and marketer. She writers blog posts on personal development, historical artifacts, and political systems. In her free time, Judy likes to dance.