Lincoln once said that three things only make up a nation: its land, its people, and its laws. When the 13 colonies declared independence, they suddenly found themselves, at least in theory, with hardly any laws at all. To meet the emergency, they quickly enacted legislation declaring the common law of England, which was in effect before July 4, 1776, to be once again the law of the newly sovereign states.
But, as the nation developed, the common law had to be adapted to suit American conditions. The complicated laws of land tenure, for instance, a holdover from feudal days, were drastically simplified. Other changes came about for purely political reasons. One of these was the early adoption of the so-called American rule in this country’s courts. Under this rule, each side of a lawsuit pays its own legal costs, regardless of who wins. Under the English rule the losing side pays the costs of litigation.