Saint Lucia
Country in the West Indies in the eastern Caribbean Sea
Saint Lucia is an island country of the West Indies in the eastern Caribbean. Part of the Windward Islands of the Lesser Antilles, it is located north/northeast of the island of Saint Vincent, northwest of Barbados and south of Martinique. It covers a land area of with an estimated population of over 180,000 people as of 2018. The nation's capital and largest city is Castries.
The first proven inhabitants of the island, the Arawaks, are believed to have been the first to settle on the island in 200–400 AD. In 800 AD, the island was taken over by the Kalinago. The French were the first European colonists to settle on the island, and they signed a treaty with the native Caribs in 1660. The English took control of the island in 1663. In ensuing years, England and France fought 14 times for control of the island; consequently control over this immensely valuable geopolitical position changed frequently. Eventually, the British took complete control in 1814, shortly after the victory over French Emperor Napoleon I. Because the island switched so often between British and French control, Saint Lucia was also known as the "Helen of the West" after the Greek mythological character, Helen of Troy.
Representative government was introduced in 1924 with universal suffrage being established in 1951. From 1958 to 1962, the island was a member of the West Indies Federation. On 22 February 1979, Saint Lucia became an independent state, while remaining as a Commonwealth realm.
Saint Lucia is a member of the United Nations, the Organization of American States, the World Trade Organization, CARICOM and the Organisation of Eastern Caribbean States (OECS). It is also a member of .
Etymology.
Saint Lucia is named after Saint Lucy of Syracuse (AD 283 – 304). Saint Lucia is one of two sovereign states in the world named after a female and is the only one named after a woman (Ireland is named after a goddess). Legend states that French sailors were shipwrecked on the island on 13 December, the feast day of St. Lucy, and therefore named the island in her honour.
A globe in the Vatican from 1520 shows the island as Sancta Lucia, indicating that the island was instead named by early Spanish explorers. Saint Lucia was first known as "Louanalao" by the Arawak Indians in 200 AD, meaning "Island of the Iguanas," and then as "Hewanorra", in 800 AD, meaning "there where iguanas are found," when the Carib Indians arrived and assimilated their culture into Saint Lucia.
History.
Pre-Columbian.
The first proven inhabitants of Saint Lucia were the Arawaks, though there may have been other native peoples prior to them. The Arawaks are believed to have come from northern South America, sometime around AD 200–400, as there are numerous archaeological sites on the island where specimens of their pottery have been found.
The Kalinago (Island Caribs) arrived around AD 800, and seized control from the Arawaks by killing their men and assimilating the women into their own society.
Early European exploration and colonization.
It is possible that Christopher Columbus may have sighted the island during his fourth voyage in 1502, but he does not mention the island in his log. Juan de la Cosa noted the island on his map of 1500, calling it "El Falcon", and another island to the south "Las Agujas". A Spanish cédula from 1511 mentions the island within the Spanish domain, and a globe in the Vatican made in 1520, shows the island as Sancta Lucia.
In the late 1550s, the French pirate François le Clerc (known as "Jambe de Bois", due to his wooden leg) set up a camp on Pigeon Island, from where he attacked passing Spanish ships. In 1605, an English vessel called the "Oliphe Blossome" was blown off-course on its way to Guyana, and the 67 colonists started a settlement on Saint Lucia, after initially being welcomed by the Carib chief Anthonie. By 26 September 1605, only 19 survived following continued attacks by the Carib chief Augraumart, so the settlers fled the island. The English tried to settle the island again in 1638, but the Caribs continued to be hostile. Eventually, the French successfully claimed the island in 1650 and they signed a treaty with the Caribs in 1660. In 1664, Thomas Warner (son of Sir Thomas Warner, the governor of St Kitts) claimed Saint Lucia for England but the English fled again in 1666, with the French gaining full control of the island after the signing of the Treaty of Breda. Saint Lucia was made an official French crown colony in 1674, as a dependency of Martinique.
18th and 19th centuries.
After the slave-based sugar industry developed, both the British and the French found the island attractive. During the 18th century, the island changed ownership, or was declared neutral territory, a dozen times, although the French settlements remained and the island was a de facto French colony well into the eighteenth century.
In 1722, George I of Great Britain granted both Saint Lucia and Saint Vincent to the 2nd Duke of Montagu. Montague appointed Nathaniel Uring, a merchant sea captain and adventurer, as deputy-governor. Uring went to the islands with a group of seven ships, and established settlement at Petit Carenage. Unable to get enough support from British warships, he and the new colonists were quickly run off by the French.
During the Seven Years' War, Britain occupied Saint Lucia for a year, but handed the island back to the French in 1763, under the Treaty of Paris. Like the English and Dutch on other islands, in 1765, the French began to develop the land for the cultivation of sugar cane as a commodity crop on large plantations. The British occupied the island again in 1778.
From 1782 to 1803, control of the island switched multiple times. In January 1791, during the French Revolution, the National Assembly sent four "commissaires" to St Lucia to spread the revolutionary philosophy. By August 1791, slaves began to abandon their estates and Governor Jean-Joseph Sourbader de Gimat fled. In December 1792, Lt. Jean-Baptiste Raymond de Lacrosse arrived with revolutionary pamphlets, and the impoverished whites and free people of colour began to arm themselves as "patriots". On 1 February 1793, France declared war on England and Holland, and General Nicolas Xavier de Ricard took over as Governor. The National Convention abolished enslavement on 4 February 1794. On 1 April 1794, St. Lucia was captured by a British expeditionary force led by Vice Admiral John Jervis. Morne Fortune was renamed "Fort Charlotte". Soon, a combined force of French Revolutionary Army soldiers and maroons, "L'Armee Française dans les Bois", began to fight back, starting the First Brigand War.
A short time later, the British invaded the island as a part of the war with France that had recently broken out. On 21 February 1795, French forces under the nominal control of Victor Hugues, defeated a battalion of British troops at Vieux Fort and Rabot. In 1796, Castries was burned as part of the conflict. Leading the 27th (Inniskilling) Regiment, General John Moore retook Fort Charlotte in 1796, after two days of bitter fighting. As an honour, the Fusiliers' regimental colour was displayed on the flagstaff of the captured fortress at Morne Fortune for an hour before being replaced by the Union Jack. Upon the capture of the fort, Moore's superior, Ralph Abercromby, departed the island and placed Moore in charge of the British garrison. Moore remained at this post until falling ill with yellow fever, leading to his return to Britain before 1798.
In 1803, the British regained control of the island. Many members of the "L'Armee Française dans les Bois" escaped into the thick rainforest where they evaded capture and established maroon communities.
Slavery on the island continued for a short time, but anti-slavery sentiment was rising in Britain. The British stopped the import of slaves by anyone, white or coloured, when they abolished the slave trade in 1807.
France and Great Britain continued to contest Saint Lucia until the British secured it in 1814, as part of the Treaty of Paris, ending the Napoleonic Wars. Thereafter, Saint Lucia was considered one of the British Windward Islands colonies.
The institution of slavery was abolished on the island in 1834, as it was throughout the British Empire. After abolition, all former slaves had to serve a four-year "apprenticeship", to accustom them to the idea of freedom. During that period, they worked for their former masters for at least three-quarters of the work week. Full freedom was duly granted by the British in 1838. By that time, people of African ethnicity greatly outnumbered those of ethnic European background. People of Carib descent also comprised a minority on the island.
20th century.
Saint Lucia's first representative government was introduced in 1924, with the first election taking place in 1925. Many Saint Lucians served during the Second World War, and the conflict visited the island directly during the Battle of the Caribbean, when a German U-boat attacked and sank two British ships in Castries harbour on 9 March 1942. The United States used the island as a military hub during the war, including setting up a secondary naval base in Gros Islet and using what is now the island's international airport as an air force base.
Universal suffrage was introduced in 1951 and elections were held the same year. In 1958, Saint Lucia joined the West Indies Federation, although the federation was dissolved just a few years later in 1962. In 1967, Saint Lucia became one of the six members of the West Indies Associated States, with internal self-government. Independence was peacefully gained in 1979 under Sir John Compton of United Workers Party, with the island remaining within the British Commonwealth, keeping then-Queen Elizabeth II as Monarch, represented locally by a Governor-General.
Post-independence era.
Despite leading the country to independence, Compton's initial term as prime minister lasted only a few months, being defeated by the Saint Lucia Labour Party (SLP) under Allan Louisy in the 1979 Saint Lucian general election. In 1980, Hurricane Allen struck the island, destroying much of its infrastructure and reducing economic growth. Compton returned to power after the 1982 Saint Lucian general election after much instability during the labour government's term. During Compton's second term as the island's leader, banana exports significantly increased and became the nation's main source of revenue. There were improvements to infrastructure, and education was expanded to rural areas. Saint Lucia was key to the US invasion of Grenada. During the 1990s and 2000s, the nation's economy began shifting from agriculture to tourism under the leadership of Kenny Anthony. The 9/11 attacks in the United States in 2001 killed two Saint Lucians, and caused an economic slowdown, although moderate growth continued until the Great Recession. The recession, as well as the landfall of Hurricane Tomas in 2010, led to slow economic growth during the early 2010s, although the economy picked up during the later part of the decade and avoided contraction until 2020, after the COVID-19 pandemic caused major economic issues globally.
In June 2016, the United Workers Party (UWP), led by Allen Michael Chastanet, won 11 of the 17 seats in the general election, ousting the St Lucia Labour Party (SLP) of the incumbent Prime Minister Kenny Anthony. However, Saint Lucia Labour Party won the next election in July 2021, meaning its leader Philip J Pierre became the ninth Prime Minister of Saint Lucia since independence.
Geography.
Saint Lucia has a total area of 617 square kilometers (238 sq mi). As a volcanic island, Saint Lucia is very mountainous, with its highest point being Mount Gimie, at above sea level. The Pitons, two mountainous volcanic plugs, form the island's most famous landmark. Saint Lucia is also home to the world's only drive-in volcano, the Sulphur Springs. There are a number of small islands off the coast, the largest of which are the Maria Islands, located in the south-east of the island.
Saint Lucia lies at latitude 14° N and longitude 61° W. The population tends to be concentrated around the coast, with the interior more sparsely populated, due to the presence of dense forests.
Flora and fauna.
Many species are endemic to the island, including "Anolis luciae", a species of lizard, and "Boa orophias", a species of boid snake.
Ecoregions.
Saint Lucia has five terrestrial ecoregions: Windward Islands moist forests, Leeward Islands dry forests, Windward Islands dry forests, Windward Islands xeric scrub, and Lesser Antilles mangroves. The country had a 2019 Forest Landscape Integrity Index mean score of 6.17/10, ranking it 84th globally out of 172 countries.
Climate.
Saint Lucia has a tropical climate, specifically a tropical rainforest climate (Af), moderated by northeast trade winds, with a dry season from 1 December to 31 May, and a wet/rainy season from 1 June to 30 November.
Average daytime and nighttime temperatures are around , and respectively. Being fairly close to the equator, the island's temperature does not fluctuate much between winter and summer.
Geology.
The geology of St. Lucia can be described as composing three main areas. The oldest, 16–18 Ma, volcanic rocks are exposed from Castries northward and consist of eroded basalt and andesite centres. The middle, central highlands, portion of the island consists of dissected andesite centres, 10.4 to 1 Mya, while the lower southwest portion of the island contains recent activity from the Soufriere Volcanic Centre (SVC). This SVC, centred about the Qualibou depression, contains pyroclastic flow deposits, lava flows, domes, block and ash flow deposits, and explosion craters. This depression's perimeter includes the town of Soufriere, Mount Tabac, Mt. Gimie, Morne Bonin, and Gros Piton. At in diameter, though the western portion is open towards the Grenada basin, the depression formed as recently as 100 kya. The depression is noted for its geothermal activity, especially at Sulphur Springs and Soufrière Estates, a phreatic eruption in 1776, and recent seismic activity (2000–2001).
Eroded andesitic stratovolcanoes to the north east of the depression include Mt. Gimie, Piton St Esprit, and Mt. Grand Magazin, all greater than 1 Ma in age. Andesitic and dacite pyroclastic flows from these volcanoes are found at Morne Tabac dome (532 ka), Morne Bonin dome (273 kya), and Bellevue (264 kya). Avalanche deposits from the formation of the Qualibou depression are found offshore, and in the massive blocks of Rabot, Pleisance, and Coubaril. The dacitic domes of Petit Piton (109 kya) and Gros Piton (71 kya) were then extruded onto the depression floor accompanied by the Anse John (104 kya) and La Pointe (59.8 kya) pyroclastic flows. Later, pyroclastic flows include pumice-rich Belfond and Anse Noir (20 kya). Finally, the dacitic domes of Terre Blanche (15.3 kya) and Belfond (13.6 kya) formed within the depression.
Government.
Like most Caribbean countries, Saint Lucia is a unitary state with a parliamentary system. It is a Commonwealth realm and a constitutional monarchy, with the current monarch being Charles III, who is represented on the island by a governor-general, currently Errol Charles. The prime minister (currently Philip J. Pierre) is the head of government, the head of the cabinet, and is normally the leader of the largest party in the House of Assembly. The house has 17 seats, with each member being elected via a plurality of votes in their constituency. The upper chamber of Parliament is the Senate which has 11 appointed members, the majority of which are appointed by the prime minister.
Administrative divisions.
Saint Lucia is made up of 10 districts. The districts were created and named by French colonials, and the British chose to keep the names in an anglicised form. The largest district in both size and population is Castries, where the nation's capital of the same name is located. The following are the 10 districts placed in alphabetical order:
Law and crime.
Saint Lucia is a mixed jurisdiction, meaning that it has a legal system based in part on both the civil law and English common law. The Civil Code of St. Lucia of 1867 was based on the Quebec Civil Code of 1866, as supplemented by English common law-style legislation. The Judicial Committee of the Privy Council was Saint Lucia's final court of appeal until 2023, when a constitutional amendment transferred this to the Caribbean Court of Justice.
Saint Lucia's homicide rate has hit record highs in recent years. There were 75 homicides in 2021, a 34.5% increase compared with 55 homicides in 2020. 2021 saw the island record the most homicides in its history, and also its highest murder rate in its history, at 40 murders per 100,000 people.
Foreign relations.
Saint Lucia is a member of the Caribbean Community, OECS, the Organization of American States and La Francophonie. As a Commonwealth Realm, Saint Lucia has relatively friendly relations with United Kingdom and Canada. France is also a major ally, in part due to Saint Lucia's border with Martinique. The United States is the island's largest trading partner, and Saint Lucia was key to the US invasion of Grenada in 1983, and voted against condemning the invasion. Saint Lucia became the 152nd member of the United Nations on 18 September 1979.
Saint Lucia does not have a military although the Royal Saint Lucia Police Force has a Special Service Unit (SSU) and a Coast Guard. The island signed the UN Treaty on the Prohibition of Nuclear Weapons in 2018.
Economy.
Saint Lucia is a Small Island Developing State, a designation similar to a developing country with a few substantial differences due to Saint Lucia's island nature. The service sector is the largest sector of the economy, accounting for 86.9% of GDP in 2020, followed by industrial and agricultural sectors at 10.9% and 2.2%, respectively.
Saint Lucia has been able to attract foreign business and investment due to its educated workforce and improvements in roads, communications, water supply, sewerage, and port facilities. Like most small islands, Tourism and offshore banking are Saint Lucia's main sources of revenue. Agriculture, specifically the banana industry, was previously the largest sector of the economy, although its importance has declined significantly. The island's manufacturing sector has been called the most diverse in the Eastern Caribbean, with goods such as plastic being produced on a large scale.
Saint Lucia's currency is the Eastern Caribbean Dollar (EC$), a regional currency shared among members of the Eastern Caribbean Currency Union (ECU). The country's main trade partners are the US, UK, EU and other CARICOM countries.
Tourism.
Tourism is the largest contributor to Saint Lucia's economy. Tourist numbers tend to be more substantial during the dry season (January to April), often referred to as the tourist season. Saint Lucia's tropical weather, scenery, beaches and resorts have made it a popular tourist destination, with 1.29 million visitors arriving in 2019.
Some of Saint Lucia's tourist attractions include the Sulphur Springs, the Botanical Gardens, Pigeon Island and The Pitons.
Agriculture.
The agricultural sector was once the main contributor to Saint Lucia's economy. This was especially thanks to the exporting of bananas. However, its importance to the economy has declined significantly, in part due to increased competition from South American countries in the banana industry. Nevertheless, agriculture is still an important part of the country's economy, providing 7.9% of jobs and contributing to 2.2% of the GDP in 2021.
About 18% of land is used for agricultural practices. Bananas remain the main agricultural product grown in Saint Lucia, as well as coconuts, cocoa beans, mangoes, avocados, vegetables, citrus fruits, and root crops such as yams and sweet potatoes.
Saint Lucia also has a small livestock sector, which is dominated by poultry. The island is self-sufficient in egg production and production of poultry and pork has increased in recent years. Fishing has also been of considerable importance to the nation's economy.
Infrastructure.
Saint Lucia has a wide-ranging public bus network which covers most of the island. Busses are owned by private individuals, whilst the government is responsible for setting up routes and hubs. The road network covers most of the island, although some rural areas still lack access to proper roads.
The island has two airports, including one International airport. Cruising and yachting are very important to the country's economy, with the main sea port being located in Castries, while the main marina is located in Rodney Bay which is also home to the St. Lucia Yacht Club. Meanwhile, the nation's main oil refinery is located in Bexon.
The main source of electricity in Saint Lucia is oil through its sole power station, the Cul De Sac Power Station, although solar energy is also a major source. There have also been attempts to introduce geothermal and wind energy to the island.
Demographics.
A census is normally held in Saint Lucia every 10 years. In the 2010 census, Saint Lucia reported a population of 165,595 in 58,920 households. This was a 5.1% increase from the 157,490 recorded at the previous census in 2001. Ages 0–14 made up 24.1% of the population whilst those 65 and over made up 8.6%. Nearly 40% of the island's population lived in the District of Castries, where the nation's capital of the same name is located.
Saint Lucia had a fertility rate of 1.4 children per woman in 2021, the lowest in the Americas. This is much lower than in 1990, when the birth rate was 3.4 children per woman, and significantly lower than in 1959, when the birth rate peaked at 6.98 children per woman. Most emigration from Saint Lucia is primarily to Anglophone countries, with the United Kingdom having almost 10,000 Saint Lucian-born citizens, and over 30,000 of Saint Lucian heritage. The United States is home to many Saint Lucians, especially areas such as Miami and New York City. Canada is also home to many Saint Lucians, and especially in the French-speaking province of Quebec in the city of Montréal. The median age of Saint Lucians was 33.1 years in 2021.
Ethnic groups.
Saint Lucia was originally populated by Amerindian peoples. However, European colonisation led to a significant drop in the indigenous populations. Most residents of the island were white planters, but African slaves and indentured servants brought by the Europeans eventually came to outnumber them. Because of this, Saint Lucia's population is predominantly of African and mixed descent. As of 2010, 85.3% of the population are black and 10.9% are of multiracial descent. Other groups include Indo-Caribbean persons (2.2%), whites (0.6%), and Indigenous Persons (0.6%). A small number of Kalinago live in the Choiseul region and in other towns on the western coast. There is also a small population of Lebanese and Syrians.
Languages.
The official language of Saint Lucia is English, though Saint Lucian French Creole (Kwéyòl) is widely spoken. Referred to colloquially as "Patois" ("Patwa"), it is spoken by a majority of the population. It is a dialect of Antillean Creole and is also related to Haitian Creole, though it nonetheless has a number of distinctive features from the latter. The Creole language developed during the early period of French colonisation and is derived chiefly from French and West African languages. There have been some attempts to make the language official, but they have not yet been successful.
Religion.
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In the 2010 census, a majority of Saint Lucians identified as Christians. This can be traced back to the nation's colonization by French and British settlers. Due to heavy French influence, most Christians on the island are Catholics, with 62.5% of the island's residents identifying as such. 24.5% of the island's residents identify as Protestants. In addition, 1.9% of the population identified as members of the Rastafari movement and 1.4% of the population practice Hinduism. The number of residents claiming no religion stood at 5.9% in 2010.
There is no state religion in Saint Lucia. The nation's constitution guarantees freedom of religion and prohibits forcing persons to take oath to any religion in which they do not follow. Religious groups are also guaranteed the freedom to establish places of education.
Education.
Most primary and secondary schools in Saint Lucia are operated by the government. Education is free and compulsory for children aged five to fifteen. This includes seven years of primary school and three to five years of secondary school. In the last two years of secondary school, students are allowed to choose the subjects that they would like to do, in preparation for regional CSEC examinations. In 2020, public spending on education was at 3.6%.
Tertiary educational facilities on the island are normally private institutions. These include Monroe College and International American University. However, there are still a few public institutions, including the Sir Arthur Lewis Community College and the University of the West Indies.
Healthcare.
Health services in Saint Lucia are split between the government and private institutions. The island is served by 2 public hospitals and multiple health centers, although most dental and vision services are private. Public expenditure on healthcare stood at 2.1% in 2019.
In 2021, life expectancy was at 71.1 years (67.8 for men and 74.7 for women). This was compared to 73.4 years in 2019. The drop in life expectancy was largely attributed to the COVID-19 pandemic.
Culture.
The culture of Saint Lucia has been influenced by African, East Indian, French, and English heritage. The main secondary language of the island is Saint Lucian Creole (Kwéyòl), a French-based creole spoken by most of the population. The island boasts the highest ratio of Nobel laureates produced with respect to the total population of any sovereign country in the world. Two winners have come from Saint Lucia: Sir Arthur Lewis, who won the Nobel Prize in Economics in 1979, and the poet Derek Walcott, who received the Nobel Prize in Literature in 1992.
Saint Lucia has two flower festivals, the La Rose festival, celebrated on 30 August, and the La Marguerite festival, celebrated on 17 October. Every summer, the island hosts a carnival as a way to present the country's culture and music. Annually, there are normally many festivals, most of them being music related.
Music.
Saint Lucian music is heavily influenced by elements of African music, especially rhythmically. The most popular music genres in Saint Lucia are calypso, soca, dancehall, reggae, zouk, and folk music. Dennery Segment, a genre influenced by Angolan Kuduro, Saint Lucian Solo music and Dancehall was developed on the island. The internationally renowned Saint Lucia Jazz Festival is held annually, and the festival is a major source of revenue for the country's economy.
Food.
Saint Lucian cuisine is a mix of African, European, Indian and Caribbean dishes. Some common dishes include macaroni pie, stewed chicken, rice and peas, roti (Indian flatbreads) and soups packed full with fresh locally produced vegetables. All mainstream meat and poultry are eaten in St. Lucia; meat and seafood are normally stewed and browned to create a rich gravy sometimes served over "ground provisions" (vegetables) or rice. Johnny Cakes (known as bakes) are also common, and are served with different sides, such as saltfish. The national dish of Saint Lucia is green figs and saltfish.
Sports.
As with most Caribbean islands, cricket is the most popular sport in Saint Lucia. The Windward Islands cricket team includes players from Saint Lucia and plays in the West Indies regional tournament. Daren Sammy became the first Saint Lucian to represent the West Indies on his debut in 2007, and was made captain in 2010. The Saint Lucia Kings is a T20 franchise playing in the Caribbean Premier League based in this said island nation. Sailing is also a major sport in Saint Lucia, with the Atlantic Rally for Cruisers (ARC) race beginning in the Canary Islands and ending on the island. Other sports that are popular on the island include football, basketball, tennis, golf and volleyball. Karate and boxing have also seen increased popularity in recent years.
Julien Alfred won the nation's first-ever Olympic medal, when she won the women's 100 meters event in 10.72 seconds at the 2024 Summer Olympics held in Paris, France.
References.
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Sources.
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Roseau, Saint Lucia
Roseau is a community on the island of Saint Lucia; it is located on the western side of the island, south of Marigot.
References.
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Roseau
Capital and largest city of Dominica

Roseau (Dominican Creole: "Wozo") is the capital and largest city of Dominica, with a population of 14,725 as of 2011. It is a small and compact urban settlement, in the Saint George parish and surrounded by the Caribbean Sea, the Roseau River and Morne Bruce. Built on the site of the ancient Island Carib village of Sairi, it is the oldest and most important urban settlement on the island of Dominica.
It is on the west (leeward) coast of Dominica and has a combination of modern and colonial French architecture.
Roseau is Dominica's most important port for foreign trade. Some exports include bananas, bay oil, vegetables, grapefruit, oranges, and cocoa. The service sector is also a large part of the local economy. There are several private institutions registered in Dominica, like Ross University, International University for Graduate Studies, All Saints University, New World University, and Western Orthodox University.
There is a prominent diocese called Roman Catholic Diocese of Roseau.
History.
The city of Roseau sits on an alluvial fan formed hundreds of years ago as the Roseau River meandered across the area from what is now known as Newtown to its current location. Over the last 2,000 years, Amerindians migrating through the islands settled the area attracted by the nearby river. With the arrival of the Europeans in the 16th and 17th centuries, a small settlement was established by the French who, in their tradition of naming places after what they found there, used their name for the river reeds that grew along the banks. A plan was created for the settlement that mirrored examples in France where streets extended from a central point – what is today the Old Market – and spread out to the rest of the settlement.
Conflict raged between the French and the British over the area on several occasions. In 1699, the French built a fort to protect Roseau. In 1770, the British built Fort Young in place of the previous fort. In 1778, the French invaded Dominica, capturing Fort Young and Roseau and taking control of the island. In 1784, Dominica was returned to British control under the Treaty of Paris.
By the late 18th and early 19th centuries, the British set out plans for the city that included fortifications and government structures, the grid street system, and blocks and new urban areas to the north and south, known today as Potter's Ville and Newtown. Goodwill was established in the 1950s and Bath Estate in the early 1980s. Since then several new semi-urban settlements – such as Stock Farm, Castle Comfort, and Wall House – have been constructed around the existing ones. Some older settlements like Fond Cole and Canefield nowadays belong to the semi-urban area around Roseau.
The French influence can still be seen today, however, in its architecture and crooked streets that extend from the Old Market Plaza. Examples of the English influence are evident in architecture and street names.
Climate and scenery.
Roseau's nearby scenery (mostly in its so-called valley) includes Boiling Lake, east, in the Morne Trois Pitons National Park, waterfalls, thermal springs, and scenic plateaus.
Morne Bruce provides panoramic views of most of downtown Roseau and north toward Woodbridge Bay deepwater port and Fond Cole. From Morne Bruce there are views of the Botanic Gardens at its base as well as the Caribbean Sea which look quite spectacular when cruise liners are in port.
Roseau's climate is a tropical monsoon climate, featuring relatively constant temperatures throughout the year with average high temperatures generally between and average low temperatures between . Rainfall is common throughout the year, with the city seeing an annual average nearly . Roseau features a noticeably drier stretch from February through April, though each of these months on average sees at least of rain.
Architecture.
The central district of Roseau is tightly packed with small and large houses and even larger modern concrete structures. There is little green or open space in the city; there is even less today, as many of the courtyards that were once commonplace are giving way to office space. The district is, however, framed in every direction by natural elements. The sea and the river provide water elements while the Botanical gardens and the Government House gardens frame the city with green space. These elements are rare in the Caribbean. No other centre in the region has such extensive botanical gardens with such central location, and the Roseau River is among the largest that flow through any Caribbean capital.
The urban structure of Central Roseau is based on an irregular grid system of miniature proportions, making it a highly illegible city. Even though the grid area is not extensive, it is relatively easy for a visitor to get lost. The grid area has some 80 blocks in an area of . In comparison, the grid areas of Kingstown and Castries — capitals of Saint Vincent and Saint Lucia — have some 50 and 60 blocks in the areas of over . The average block size in Central Roseau is thus some ⅓ hectare (1 acre), i.e., about half of the figure of Central Kingstown.
There are some fine examples of West Indian architecture in Roseau. The ones that stand out the most are the French Colonial style and the vernacular form. Much of the French influence can be found along King George V Street. Around the city there are good examples of the English influence in large colonial town houses and colonial public/government buildings.
The churches in Roseau are fine examples of Europe in Dominica with a bit of creolization. The Roman Catholic Cathedral stands prominent in Gothic Romanesque revival and the Anglican Church on Victoria Street in Georgian style.
City life.
Because of the suburban sprawl, few people live in Central Roseau, but


Law of the United States

The law of the United States comprises many levels of codified and uncodified forms of law, of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.
The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract, tort, property, probate, criminal and family law, experienced by citizens on a day-to-day basis) consists primarily of state law, which, while sometimes harmonized, can and does vary greatly from one state to the next. Even in areas governed by federal law, state law is often supplemented, rather than preempted.
At both the federal and state levels, with the exception of the legal system of Louisiana, the law of the United States is largely derived from the common law system of English law, which was in force in British America at the time of the American Revolutionary War. However, American law has diverged greatly from its English ancestor both in terms of substance and procedure and has incorporated a number of civil law innovations.
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General overview.
Sources of law.
In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).
Constitutionality.
If Congress enacts a statute that conflicts with the Constitution, state or federal courts may rule that law to be unconstitutional and declare it invalid.
Notably, a statute does not automatically disappear merely because it has been found unconstitutional; it may, however, be deleted by a subsequent statute. Many federal and state statutes have remained on the books for decades after they were ruled to be unconstitutional. However, under the principle of "stare decisis", a lower court that enforces a statute of a kind previously declared unconstitutional will risk reversal by the Supreme Court. Conversely, any court that refuses to enforce a statute previously held by higher courts to be constitutional will risk reversal by the Supreme Court.
American common law.
The United States and most Commonwealth countries are heirs to the common law legal tradition of English law. Certain practices traditionally allowed under English common law were expressly outlawed by the Constitution, such as bills of attainder and general search warrants.
As common law courts, U.S. courts have inherited the principle of "stare decisis". American judges, like common law judges elsewhere, not only apply the law, they also make the law, to the extent that their decisions in the cases before them become precedent for decisions in future cases.
The actual substance of English law was formally "received" into the United States in several ways. First, all U.S. states except Louisiana have enacted "reception statutes" which generally state that the common law of England (particularly judge-made law) is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Thus, contemporary U.S. courts often cite pre-Revolution cases when discussing the evolution of an ancient judge-made common law principle into its modern form, such as the heightened duty of care traditionally imposed upon common carriers.
Second, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. Two examples are the Statute of Frauds (still widely known in the U.S. by that name) and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act). Such English statutes are still regularly cited in contemporary American cases interpreting their modern American descendants.
Despite the presence of reception statutes, much of "contemporary" American common law has diverged significantly from English common law. Although the courts of the various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth.
Early on, American courts, even after the Revolution, often did cite contemporary English cases, because appellate decisions from many American courts were not regularly reported until the mid-19th century. Lawyers and judges used English legal materials to fill the gap. Citations to English decisions gradually disappeared during the 19th century as American courts developed their own principles to resolve the legal problems of the American people. The number of published volumes of American reports soared from eighteen in 1810 to over 8,000 by 1910. By 1879 one of the delegates to the California constitutional convention was already complaining: "Now, when we require them to state the reasons for a decision, we do not mean they shall write a hundred pages of detail. We [do] not mean that they shall include the small cases, and impose on the country all this fine judicial literature, for the Lord knows we have got enough of that already."
Today, in the words of Stanford law professor Lawrence M. Friedman: "American cases rarely cite foreign materials. Courts occasionally cite a British classic or two, a famous old case, or a nod to Blackstone; but current British law almost never gets any mention." Foreign law has never been cited as binding precedent, but as a reflection of the shared values of Anglo-American civilization or even Western civilization in general.
Levels of law.
Federal law.
Federal law originates with the Constitution, which gives Congress the power to enact statutes for certain limited purposes like regulating interstate commerce. The United States Code is the official compilation and codification of the general and permanent federal statutes. Many statutes give executive branch agencies the power to create regulations, which are published in the Federal Register and codified into the Code of Federal Regulations. From 1984 to 2024, regulations generally also carried the force of law under the "Chevron" doctrine, but are now subject only to a lesser form of judicial deference known as "Skidmore" deference. Many lawsuits turn on the meaning of a federal statute or regulation, and judicial interpretations of such meaning carry legal force under the principle of "stare decisis".
During the 18th and 19th centuries, federal law traditionally focused on areas where there was an express grant of power to the federal government in the federal Constitution, like the military, money, foreign relations (especially international treaties), tariffs, intellectual property (specifically patents and copyrights), and mail. Since the start of the 20th century, broad interpretations of the Commerce and Spending Clauses of the Constitution have enabled federal law to expand into areas like aviation, telecommunications, railroads, pharmaceuticals, antitrust, and trademarks. In some areas, like aviation and railroads, the federal government has developed a comprehensive scheme that preempts virtually all state law, while in others, like family law, a relatively small number of federal statutes (generally covering interstate and international situations) interacts with a much larger body of state law. In areas like antitrust, trademark, and employment law, there are powerful laws at both the federal and state levels that coexist with each other. In a handful of areas like insurance, Congress has enacted laws expressly refusing to regulate them as long as the states have laws regulating them (see, e.g., the McCarran–Ferguson Act).
Statutes.
After the president signs a bill into law (or Congress enacts it over the president's veto), it is delivered to the Office of the Federal Register (OFR) of the National Archives and Records Administration (NARA) where it is assigned a law number, and prepared for publication as a slip law. Public laws, but not private laws, are also given legal statutory citation by the OFR. At the end of each session of Congress, the slip laws are compiled into bound volumes called the United States Statutes at Large, and they are known as session laws. The Statutes at Large present a chronological arrangement of the laws in the exact order that they have been enacted.
Public laws are incorporated into the United States Code, which is a codification of all general and permanent laws of the United States. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The U.S. Code is arranged by subject matter, and it shows the present status of laws (with amendments already incorporated in the text) that have been amended on one or more occasions.
Regulations.
Congress often enacts statutes that grant broad rulemaking authority to federal agencies. Often, Congress is simply too gridlocked to draft detailed statutes that explain how the agency should react to every possible situation, or Congress believes the agency's technical specialists are best equipped to deal with particular fact situations as they arise. Therefore, federal agencies are authorized to promulgate regulations. Under the principle of "Chevron" deference, regulations normally carry the force of law as long as they are based on a reasonable interpretation of the relevant statutes.
Regulations are adopted pursuant to the Administrative Procedure Act (APA). Regulations are first proposed and published in the Federal Register (FR or Fed. Reg.) and subject to a public comment period. Eventually, after a period for public comment and revisions based on comments received, a final version is published in the Federal Register. The regulations are codified and incorporated into the Code of Federal Regulations (CFR) which is published once a year on a rolling schedule.
Besides regulations formally promulgated under the APA, federal agencies also frequently promulgate an enormous amount of forms, manuals, policy statements, letters, and rulings. These documents may be considered by a court as persuasive authority as to how a particular statute or regulation may be interpreted (known as "Skidmore" deference), but are not entitled to "Chevron" deference.
Common law, case law, and precedent.
Unlike the situation with the states, there is no plenary reception statute at the federal level that continued the common law and thereby granted federal courts the power to formulate legal precedent like their English predecessors. Federal courts are solely creatures of the federal Constitution and the federal Judiciary Acts. However, it is universally accepted that the Founding Fathers of the United States, by vesting "judicial power" into the Supreme Court and the inferior federal courts in Article Three of the United States Constitution, thereby vested in them the implied judicial power of common law courts to formulate persuasive precedent; this power was widely accepted, understood, and recognized by the Founding Fathers at the time the Constitution was ratified. Several legal scholars have argued that the federal judicial power to decide "cases or controversies" necessarily includes the power to decide the precedential effect of those cases and controversies.
The difficult question is whether federal judicial power extends to formulating binding precedent through strict adherence to the rule of "stare decisis". This is where the act of deciding a case becomes a limited form of lawmaking in itself, in that an appellate court's rulings will thereby bind itself and lower courts in future cases (and therefore also implicitly binds all persons within the court's jurisdiction). Prior to a major change to federal court rules in 2007, about one-fifth of federal appellate cases were published and thereby became binding precedents, while the rest were unpublished and bound only the parties to each case.
As federal judge Alex Kozinski has pointed out, binding precedent as we know it today simply did not exist at the time the Constitution was framed. Judicial decisions were not consistently, accurately, and faithfully reported on both sides of the Atlantic (reporters often simply rewrote or failed to publish decisions which they disliked), and the United Kingdom lacked a coherent court hierarchy prior to the end of the 19th century. Furthermore, English judges in the eighteenth century subscribed to now-obsolete natural law theories of law, by which law was believed to have an existence independent of what individual judges said. Judges saw themselves as merely declaring the law which had always theoretically existed, and not as making the law. Therefore, a judge could reject another judge's opinion as simply an incorrect statement of the law, in the way that scientists regularly reject each other's conclusions as incorrect statements of the laws of science.
In turn, according to Kozinski's analysis, the contemporary rule of binding precedent became possible in the U.S. in the nineteenth century only after the creation of a clear court hierarchy (under the Judiciary Acts), and the beginning of regular "verbatim" publication of U.S. appellate decisions by West Publishing. The rule gradually developed, case-by-case, as an extension of the judiciary's public policy of effective judicial administration (that is, in order to efficiently exercise the judicial power). The rule of binding precedent is generally justified today as a matter of public policy, first, as a matter of fundamental fairness, and second, because in the absence of case law, it would be completely unworkable for every minor issue in every legal case to be briefed, argued, and decided from first principles (such as relevant statutes, constitutional provisions, and underlying public policies), which in turn would create hopeless inefficiency, instability, and unpredictability, and thereby undermine the rule of law. The contemporary form of the rule is descended from Justice Louis Brandeis's "landmark dissent in 1932's "Burnet v. Coronado Oil & Gas Co".", which "catalogued the Court's actual overruling practices in such a powerful manner that his attendant stare decisis analysis immediately assumed canonical authority."
Here is a typical exposition of how public policy supports the rule of binding precedent in a 2008 majority opinion signed by Justice Breyer:
Justice Brandeis once observed that "in most matters it is more important that the applicable rule of law be settled than that it be settled right." "Burnet v. Coronado Oil & Gas Co." [...] To overturn a decision settling one such matter simply because we might believe that decision is no longer "right" would inevitably reflect a willingness to reconsider others. And that willingness could itself threaten to substitute disruption, confusion, and uncertainty for necessary legal stability. We have not found here any factors that might overcome these considerations.
It is now sometimes possible, over time, for a line of precedents to drift from the express language of any underlying statutory or constitutional texts until the courts' decisions establish doctrines that were not considered by the texts' drafters. This trend has been strongly evident in federal substantive due process and Commerce Clause decisions. Originalists and political conservatives, such as Associate Justice Antonin Scalia have criticized this trend as anti-democratic.
Under the doctrine of "Erie Railroad Co. v. Tompkins" (1938), there is "no general federal common law". Although federal courts can create federal common law in the form of case law, such law must be linked one way or another to the interpretation of a particular federal constitutional provision, statute, or regulation (which was either enacted as part of the Constitution or pursuant to constitutional authority). Federal courts lack the plenary power possessed by state courts to simply make up law, which the latter are able to do in the absence of constitutional or statutory provisions replacing the common law. Only in a few narrow limited areas, like maritime law, has the Constitution expressly authorized the continuation of English common law at the federal level (meaning that in those areas federal courts can continue to make law as they see fit, subject to the limitations of "stare decisis").
The other major implication of the "Erie" doctrine is that federal courts cannot dictate the content of state law when there is no federal issue (and thus no federal supremacy issue) in a case. When hearing claims under state law pursuant to diversity jurisdiction, federal trial courts "must" apply the statutory and decisional law of the state in which they sit, as if they were a court of that state, even if they believe that the relevant state law is irrational or just bad public policy.
Under "Erie", such federal deference to state law applies only in one direction: state courts are not bound by federal interpretations of state law. Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed the issue, but has signaled in dicta that it sides with this rule. Therefore, in those states, there is only one federal court that binds all state courts as to the interpretation of federal law and the federal Constitution: the U.S. Supreme Court itself.
State and territory law.
The fifty American states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari. State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to the majority of types of law traditionally under state control, but must be regarded as 50 "separate" systems of tort law, family law, property law, contract law, criminal law, and so on.
Most cases are litigated in state courts and involve claims and defenses under state laws. In a 2018 report, the National Center for State Courts' Court Statistics Project found that state trial courts received 83.8 million newly filed cases in 2018, which consisted of 44.4 million traffic cases, 17.0 million criminal cases, 16.4 million civil cases, 4.7 million domestic relations cases, and 1.2 million juvenile cases. In 2018, state appellate courts received 234,000 new cases. By way of comparison, all federal district courts in 2016 together received only about 274,552 new civil cases, 79,787 new criminal cases, and 833,515 bankruptcy cases, while federal appellate courts received 53,649 new cases.
Territorial legal systems.
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Local law.
States have delegated lawmaking powers to thousands of agencies, townships, counties, cities, and special districts. And all the state constitutions, statutes and regulations (as well as all the ordinances and regulations promulgated by local entities) are subject to judicial interpretation like their federal counterparts.
It is common for residents of major U.S. metropolitan areas to live under six or more layers of special districts as well as a town or city, and a county or township (in addition to the federal and state governments). Thus, at any given time, the average American citizen is subject to the rules and regulations of several dozen different agencies at the federal, state, and local levels, depending upon one's current location and behavior.
Legal subjects.
American lawyers draw a fundamental distinction between procedural law (which controls the procedure by which legal rights and duties are vindicated) and substantive law (the actual substance of law, which is usually expressed in the form of various legal rights and duties). (The remainder of this article requires the reader to be already familiar with the contents of the separate article on state law.)
Criminal law and procedure.
Criminal law involves the prosecution by the state of wrongful acts which are considered to be so serious that they are a breach of the sovereign's peace (and cannot be deterred or remedied by mere lawsuits between private parties). Generally, crimes can result in incarceration, but torts (see below) cannot. The majority of the crimes committed in the United States are prosecuted and punished at the state level. Federal criminal law focuses on areas specifically relevant to the federal government like evading payment of federal income tax, mail theft, or physical attacks on federal officials, as well as interstate crimes like drug trafficking and wire fraud.
All states have somewhat similar laws in regard to "higher crimes" (or felonies), such as murder and rape, although penalties for these crimes may vary from state to state. Capital punishment is permitted in some states but not others. Three strikes laws in certain states impose harsh penalties on repeat offenders.
Some states distinguish between two levels: felonies and misdemeanors (minor crimes). Generally, most felony convictions result in lengthy prison sentences as well as subsequent probation, large fines, and orders to pay restitution directly to victims; while misdemeanors may lead to a year or less in jail and a substantial fine. To simplify the prosecution of traffic violations and other relatively minor crimes, some states have added a third level, infractions. These may result in fines and sometimes the loss of one's driver's license, but no jail time.
On average, only three percent of criminal cases are resolved by jury trial; 97 percent are terminated either by plea bargaining or dismissal of the charges.
For public welfare offenses where the state is punishing merely risky (as opposed to injurious) behavior, there is significant diversity across the various states. For example, punishments for drunk driving varied greatly prior to 1990. State laws dealing with drug crimes still vary widely, with some states treating possession of small amounts of drugs as a misdemeanor offense or as a medical issue and others categorizing the same offense as a serious felony.
The law of criminal procedure in the United States consists of a massive overlay of federal constitutional case law interwoven with the federal and state statutes that actually provide the foundation for the creation and operation of law enforcement agencies and prison systems as well as the proceedings in criminal trials. Due to the perennial inability of legislatures in the U.S. to enact statutes that would actually force law enforcement officers to respect the constitutional rights of criminal suspects and convicts, the federal judiciary gradually developed the exclusionary rule as a method to enforce such rights. In turn, the exclusionary rule spawned a family of judge-made remedies for the abuse of law enforcement powers, of which the most famous is the Miranda warning. The writ of "habeas corpus" is often used by suspects and convicts to challenge their detention, while the Third Enforcement Act and "Bivens" actions are used by suspects to recover tort damages for police brutality.
Civil procedure.
The law of civil procedure governs process in all judicial proceedings involving lawsuits between private parties. Traditional common law pleading was replaced by code pleading in 27 states after New York enacted the Field Code in 1850 and code pleading in turn was subsequently replaced again in most states by modern notice pleading during the 20th century. The old English division between common law and equity courts was abolished in the federal courts by the adoption of the Federal Rules of Civil Procedure in 1938; it has also been independently abolished by legislative acts in nearly all states. The Delaware Court of Chancery is the most prominent of the small number of remaining equity courts.
Thirty-five states have adopted rules of civil procedure modeled after the FRCP (including rule numbers). However, in doing so, they had to make some modifications to account for the fact that state courts have broad general jurisdiction while federal courts have relatively limited jurisdiction.
New York, Illinois, and California are the most significant states that have not adopted the FRCP. Furthermore, all three states continue to maintain most of their civil procedure laws in the form of codified statutes enacted by the state legislature, as opposed to court rules promulgated by the state supreme court, on the ground that the latter are undemocratic. But certain key portions of their civil procedure laws have been modified by their legislatures to bring them closer to federal civil procedure.
Generally, American civil procedure has several notable features, including extensive pretrial discovery, heavy reliance on live testimony obtained at deposition or elicited in front of a jury, and aggressive pretrial "law and motion" practice designed to result in a pretrial disposition (that is, summary judgment) or a settlement. U.S. courts pioneered the concept of the opt-out class action, by which the burden falls on class members to notify the court that they do not wish to be bound by the judgment, as opposed to opt-in class actions, where class members must join into the class. Another unique feature is the so-called American Rule under which parties generally bear their own attorneys' fees (as opposed to the English Rule of "loser pays"), though American legislators and courts have carved out numerous exceptions.
Contract law.
Contract law covers obligations established by agreement (express or implied) between private parties. Generally, contract law in transactions involving the sale of goods has become highly standardized nationwide as a result of the widespread adoption of the Uniform Commercial Code. However, there is still significant diversity in the interpretation of other kinds of contracts, depending upon the extent to which a given state has codified its common law of contracts or adopted portions of the Restatement (Second) of Contracts.
Parties are permitted to agree to arbitrate disputes arising from their contracts. Under the Federal Arbitration Act (which has been interpreted to cover "all" contracts arising under federal or state law), arbitration clauses are generally enforceable unless the party resisting arbitration can show unconscionability or fraud or something else which undermines the entire contract.
Tort law.
Tort law generally covers any civil action between private parties arising from wrongful acts that amount to a breach of general obligations imposed by law and not by contract. This broad family of civil wrongs involves interference "with person, property, reputation, or commercial or social advantage."
Tort law covers the entire imaginable spectrum of wrongs that humans can inflict upon each other, and it partially overlaps with wrongs also punishable by criminal law. It is primarily a matter of state law and is usually developed through case law from state appellate courts; it is rarely a matter of federal law, although some federal statutes, such as the Volunteer Protection Act and the Protection of Lawful Commerce in Arms Act, limit the liability of people who commit torts under state law. State tort-related statutes focus on discrete issues such as authorizing wrongful death claims (which did not exist at common law). Although the American Law Institute has attempted to standardize tort law through the development of several versions of the Restatement of Torts, many states have chosen to adopt only certain sections of the Restatements and to reject others. Thus, because of its immense size and diversity, American tort law cannot be easily summarized.
For example, a few jurisdictions allow actions for negligent infliction of emotional distress even in the absence of physical injury to the plaintiff, but most do not. For any particular tort, states differ on the causes of action, types and scope of remedies, statutes of limitations, and the amount of specificity with which one must plead the cause. With practically any aspect of tort law, there is a "majority rule" adhered to by most states, and one or more "minority rules."
Notably, the most broadly influential innovation of 20th-century American tort law was the rule of strict liability for defective products, which originated with judicial glosses on the law of warranty. In 1963, Roger J. Traynor of the Supreme Court of California threw away legal fictions based on warranties and imposed strict liability for defective products as a matter of public policy in the landmark case of "Greenman v. Yuba Power Products". The American Law Institute subsequently adopted a slightly different version of the "Greenman" rule in Section 402A of the "Restatement (Second) of Torts", which was published in 1964 and was very influential throughout the United States. Outside the U.S., the rule was adopted by the European Economic Community in the Product Liability Directive of July 1985, by Australia in July 1992, and by Japan in June 1994.
By the 1990s, the avalanche of American cases resulting from "Greenman" and Section 402A had become so complicated that another restatement was needed, which occurred with the 1997 publication of the "Restatement (Third) of Torts: Products Liability".
Property law.
Historically, American property law has been heavily influenced by English land law, and is therefore concerned with real property first and personal property second. It is also primarily a matter of state law, and the level of interstate diversity in the law of property is much more substantial than in contract and tort. Efforts by both the American Law Institute and the Uniform Law Commission to reduce such interstate diversity were spectacular failures.
The majority of states use a title recording system (coupled with privately provided title insurance) to manage title to real property, although title registration ("Torrens" title) is also allowed in a small minority of states. Title to personal property is usually not registered, with the notable exceptions of motor vehicles (through a state department of motor vehicles or equivalent), bicycles (in certain cities and counties), and some types of firearms (in certain states).
Family law.
In the United States, family law governs relationships between adults, and relationships between parents and their children. As a discrete area of law worthy of its own specialists and law professors, American family law is relatively young in comparison to European family law; it did not take flight until the no-fault divorce revolution of the 1960s. Before the 1950s, widespread religious, legal, and social prohibitions against divorce in the United States meant that divorces were rare, were often seen as fact-driven matters (meaning that they were perceived as turning on each case's facts and not broadly generalizable legal principles), and rarely went up on appeal. The rise of no-fault divorce caused divorce litigation to shift away from the question of who was at fault for the collapse of the marital relationship and to focus instead on issues such as division of property, spousal support, and child support.
Family cases are traditionally a matter of state law and are virtually always heard only in state courts. Certain kinds of contract, tort, and property civil actions involving state law issues can be heard in federal courts under diversity jurisdiction, but federal courts decline to hear family cases under the "domestic relations exception" to diversity jurisdiction.
Although family cases are heard in state courts, there has been a trend towards federalization of certain specific issues in family law. State courts and the lawyers who practice before them must be aware of federal income tax and bankruptcy implications of a divorce judgment, federal constitutional rights to abortion and paternity, and federal statutes governing interstate child custody disputes and interstate child support enforcement.
References.
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Supremacy Clause
Clause of the U.S. constitution
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution.
The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed. The Supremacy Clause follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."
As a constitutional provision identifying the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, albeit only when that authority is expressed in the Constitution itself; no matter what the federal or state governments might wish to do, they must stay within the boundaries of the Constitution. Consequently, the Supremacy Clause is considered a cornerstone of the United States' federal political structure.
Text.
<templatestyles src="Template:Blockquote/styles.css" />This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Background.
Constitutional Convention.
According to Madison's Notes of Debates in the Federal Convention of 1787, the Supremacy Clause was introduced as part of the New Jersey Plan. During the debate, it was first put up for a motion by Luther Martin on July 17, when it passed unanimously.
During Pennsylvania's ratifying convention in late 1787, James Wilson stated, "the power of the Constitution predominates. Anything, therefore, that shall be enacted by Congress contrary thereto, will not have the force of law."
"The Federalist Papers".
In Federalist No. 33, Alexander Hamilton writes about the Supremacy Clause that federal laws by definition must be supreme. If the laws do not function from that position, then they amount to nothing, noting that "A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe. This results from every political association. If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct. If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers entrusted to it by its constitution, must necessarily be supreme over those societies, and the individuals of whom they are composed."
In Federalist No. 44, James Madison defends the Supremacy Clause as vital to the functioning of the nation. He noted that state legislatures were invested with all powers not specifically defined in the Constitution, but also said that having the federal government subservient to various state constitutions would be an inversion of the principles of government, concluding that if supremacy were not established "it would have seen the authority of the whole society everywhere subordinate to the authority of the parts; it would have seen a monster, in which the head was under the direction of the members".
Alexander Hamilton, wrote in Federalist No. 78 that, "There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid."
Preemption doctrine.
The constitutional principle derived from the Supremacy Clause is federal preemption. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act of 1965, an act of Congress, preempts state constitutions, and Food and Drug Administration regulations may preempt state court judgments in cases involving prescription drugs.
Congress has preempted state regulation in many areas. In some cases, such as the 1976 Medical Device Regulation Act, Congress preempted all state regulation. In others, such as labels on prescription drugs, Congress allowed federal regulatory agencies to set federal minimum standards but did not preempt state regulations imposing more stringent standards than those imposed by federal regulators. Where rules or regulations do not clearly state whether or not preemption should apply, the Supreme Court tries to follow lawmakers’ intent and prefers interpretations that avoid preempting state laws.
Subsequent federal case law.
"Chy Lung v. Freeman" was brought to court when a passenger arriving in California on the Chinese vessel "Japan" was detained by the Commissioner of Immigration on the charge of being included by a state statute in the caste of "lewd and debauched women," which require separate bonds from the owner of the vessel they came on in order to land on California's coast. The Supreme Court ruled against the plaintiff's detention on the basis that the statute preempted the federal legislation's ability to regulate the "admission of citizens and subjects of foreign nations to our shores".
"LULAC v. Wilson" was brought to the Supreme Court in order to determine the constitutionality of California's Proposition 187, which the League of United Latin American Citizens argued was preempted by the federal government's authority over the regulation of foreign nationals in America. Proposition 187 was meant to assist cooperative efforts undertaken by national and sub-national governments to place stricter restrictions on undocumented immigrants "from receiving benefits or public services in the State of California". The Court decided that only a small portion of Proposition 187 was not preempted by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996"."
"Villas at Parkside Partners v. City of Farmers Branch" dealt with an ordinance passed by the City of Farmers Branch. Ordinance 2952 forced individuals seeking to reside in a "rented apartment or 'single-family residence.'" need to obtain a license first. The Court ruled that Ordinance 2952 did in fact conflict with preexisting federal law and thus affirmed the lower court's decision.
Treaties.
The supremacy of treaties over state law has been described as an "unquestioned axiom of the founding" of the United States. Under the Supremacy Clause, treaties and federal statutes are regarded equally as "supreme law of the land" with "no superior efficacy ... given to either over the other". Thus, international agreements made pursuant to the Treaty Clause—namely, ratified with the advice and consent of a two-thirds supermajority of the Senate—are treaties in the constitutional sense and thereby incorporated into U.S. federal law no differently than an act of Congress. Treaties are likewise subject to judicial interpretation and review just as any federal statute, and courts have consistently recognized them as legally binding under the Constitution.
The U.S. Supreme Court applied the Supremacy Clause for the first time in the 1796 case, "Ware v. Hylton," ruling that a treaty superseded conflicting state law. The Court held that both states and private citizens were bound to comply with the treaty obligations of the federal government, which was in turn bound by the "law of nations" to honor treaties. Shortly thereafter, in the 1801 case, "United States v. Schooner Peggy," the court ruled in favor of a private citizen's lawsuit against the government on the basis of a treaty, and for the first time elaborated upon supreme nature of ratified treaties:[W]here a treaty is the law of the land, and as such affects the rights of parties litigating in court, that treaty as much binds those rights and is as much to be regarded by the court as an act of congress; and although restoration may be an executive, when viewed as a substantive act, independent of and unconnected with other circumstances, yet to condemn a vessel, the restoration of which is directed by a law of the land, would be a direct infraction of that law, and of consequence improper.In "Foster v. Nielson" (1829), Chief Justice John Marshall, writing for the majority, affirmed that a treaty is constitutionally the "law of the land", but for the first time articulated a distinction between self-executing and non-self-executing agreements with respect to domestic law:Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself, without the aid of any legislative provision. But when the terms of the stipulation import a contract—when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial department; and the legislature must execute the contract, before it can become a rule for the court.While it is generally agreed by constitutional scholars that treaties are as binding as domestic federal law, courts have differed on the enforceability of some types of international agreements and on the precise scope of a treaty's legal obligations. Beginning with the 1884 Head Money Cases, the Supreme Court has consistently held that Congress can abrogate a treaty by legislative action even if this amounts to a violation of the treaty under international law; indeed, courts will enforce congressional modifications of a treaty regardless of whether foreign actors still consider the treaty to be binding on the U.S. Nevertheless, in "Missouri v. Holland" (1920), the Supreme Court held that the Supremacy Clause allows the federal government to make treaties that supersede state law even if such treaties might abrogate states' rights arising under the Tenth Amendment. The decision implied that treaties can be used to legislate in areas otherwise within the exclusive authority of the states, and by extension in areas not within the scope of the federal government or its branches.
However, "Missouri"'s potentially broad interpretation was circumscribed in the 1957 case, "Reid v. Covert," when the Supreme Court held that treaties and the laws made pursuant to them must comply with the Constitution. The enforceability of treaties was further limited in the 2008 Supreme Court decision in "Medellín v. Texas", which held that even if a treaty may constitute an international commitment, it is not binding domestic law unless it has been implemented by an act of Congress or is itself explicitly "self-executing". Law scholars called the ruling "an invisible constitutional change" that departed from both longtime historical practice and the plain language of the Supremacy Clause.
Supreme Court interpretations.
In "Marbury v. Madison", 5 U.S. 137 (1803), the Supreme Court held that Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Judicial system to interpret what the Constitution permits. Citing the Supremacy Clause, the Court found Section 13 of the Judiciary Act of 1789 to be unconstitutional to the extent it purported to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution.
In "Martin v. Hunter's Lessee", 14 U.S. 304 (1816), and "Cohens v. Virginia", 19 U.S. 264 (1821), the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States. Therefore, the Supreme Court has the final say in matters involving federal law, including constitutional interpretation, and can overrule decisions by state courts.
In "McCulloch v. Maryland", 17 U.S. (4 Wheat.) 316 (1819), the Supreme Court reviewed a tax levied by Maryland on the federally incorporated Bank of the United States. The Court found that if a state had the power to tax a federally incorporated institution, then the state effectively had the power to destroy the federal institution, thereby thwarting the intent and purpose of Congress. This would make the states superior to the federal government. The Court found that this would be inconsistent with the Supremacy Clause, which makes federal law superior to state law. The Court therefore held that Maryland's tax on the bank was unconstitutional because the tax violated the Supremacy Clause.
In "Ableman v. Booth", 62 U.S. 506 (1859), the Supreme Court held that state courts cannot issue rulings that contradict the decisions of federal courts, citing the Supremacy Clause, and overturning a decision by the Supreme Court of Wisconsin. Specifically, the court found it was illegal for state officials to interfere with the work of U.S. Marshals enforcing the Fugitive Slave Act or to order the release of federal prisoners held for violation of that Act. The Supreme Court reasoned that because the Supremacy Clause established federal law as the law of the land, the Wisconsin courts could not nullify the judgments of a federal court. The Supreme Court held that under Article III of the Constitution, the federal courts have the final jurisdiction in all cases involving the Constitution and laws of the United States, and that the states therefore cannot interfere with federal court judgments.
In "Pennsylvania v. Nelson", 350 U.S. 497 (1956) the Supreme Court struck down the Pennsylvania Sedition Act, which made advocating the forceful overthrow of the federal government a crime under Pennsylvania state law. The Supreme Court held that when federal interest in an area of law is sufficiently dominant, federal law must be assumed to preclude enforcement of state laws on the same subject; and a state law is not to be declared a help when state law goes farther than Congress has seen fit to go.
In "Cooper v. Aaron", 358 U.S. 1 (1958), the Supreme Court rejected attempts by Arkansas to nullify the Court's school desegregation decision, "Brown v. Board of Education". The state of Arkansas, acting on a theory of states' rights, had adopted several statutes designed to nullify the desegregation ruling. The Supreme Court relied on the Supremacy Clause to hold that the federal law controlled and could not be nullified by state statutes or officials.
In "Edgar v. MITE Corp.", 457 U.S. 624 (1982), the Supreme Court ruled: "A state statute is void to the extent that it actually conflicts with a valid Federal statute". In effect, this means that a state law will be found to violate the Supremacy Clause when either of the following two conditions (or both) exist:
The Supreme Court has also held that only specific, "unmistakable" acts of Congress may be held to trigger the Supremacy Clause. Montana had imposed a 30 percent tax on most sub-bituminous coal mined there. The Commonwealth Edison Company and other utility companies argued, in part, that the Montana tax "frustrated" the broad goals of the federal energy policy. However, in the case of "Commonwealth Edison Co. v. Montana", 453 U.S. 609 (1981), the Supreme Court disagreed. Any appeal to claims about "national policy", the Court said, were insufficient to overturn a state law under the Supremacy Clause unless "the nature of the regulated subject matter permits no other conclusion, or that the Congress has unmistakably so ordained".
However, in the case of "California v. ARC America Corp.", 490 U.S. 93 (1989), the Supreme Court held that if Congress expressly "intended" to act in an area, this would trigger the enforcement of the Supremacy Clause, and hence nullify the state action. The Supreme Court further found in "Crosby v. National Foreign Trade Council", 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". Congress need not expressly assert any preemption over state laws either, because Congress may implicitly assume this preemption under the Constitution. Finally, in Murphy v. National Collegiate Athletic Association the Supreme Court enforced the Supremacy Clause by overturning Federal law as an unconstitutional encroachment into the domain of the states not within of the limits of the Delegated powers, stating that "The Constitution confers on Congress not plenary legislative power but only certain enumerated powers".
References.
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