FOCL Practice Test

Which historical legal system had the most significant impact on American criminal law?

1. Roman Law

2. Canon Law

3. English Common Law

4. Napoleonic Code

The correct answer is: English Common Law

The historical legal system that had the most significant impact on American criminal law is English Common Law. This system is characterized by its reliance on precedents set by court decisions, which greatly influenced the development of the legal structure in the United States. English Common Law emerged from the practices and decisions of judges, which created a body of law that relied on case law rather than solely on statutes. When the United States was founded, the legal principles established through English Common Law were adopted and adapted into the American legal framework. This included key concepts such as the presumption of innocence, the right to a fair trial, and the importance of jury trials in criminal proceedings. In contrast, while Roman Law had a significant historical influence on legal systems worldwide and provided foundational legal principles, it did not directly shape American criminal law to the extent that English Common Law did. Canon Law, primarily governing the Church, and the Napoleonic Code, while important in their respective regions, did not significantly influence the legal system in the United States in the same way that English Common Law did. Thus, the deep-rooted reliance on judicial decisions and the principles of justice derived from English Common Law have fundamentally shaped the way criminal law is practiced and interpreted in the U.S. legal