They say that the UK and the USA are two nations divided by a common language – and one area where this is especially evident is the law.
This is partly because of the way that laws are made and administered in the two nations. It’s not just that the USA has a Constitution and the UK doesn’t. It’s also that the US’s legislative functions operate at different levels.
In the UK, there’s essentially one body of laws with some variations in Scotland and Northern Ireland. In the US, there are federal laws, state laws and even local laws.
Each US state has its own laws and courts, meaning that legislation can vary from place to place.
In this article, we take a look at five areas where the British and American legal approaches are in stark contrast. First up: libel.
1. Libel laws
Let’s say you’re in business and a newspaper prints something defamatory about you. You decide to take the journalist to court because you think their comments could cause serious harm to your reputation.
Who should bear the burden of proof: you, the libelled, or them, the libeller?
This is the distinction that separates American and British libel laws. In the USA, the burden of proof rests with the person who claims to have been libelled. They need to prove that what the libeller said about them was false.
In the UK, it’s up to the person who made the allegedly defamatory statement to prove that it was true.
Historically, this has led to people seeking to protect their reputations by bringing libel claims in the UK – a practice that has been dubbed “libel tourism”. It’s less common these days as British courts now require the plaintiff to demonstrate that a defamatory statement made about them will cause “serious harm”.
2. The minimum wage
In the UK, the minimum wage is standardised. All employers are legally bound to pay it and underpayers are even named and shamed by the government.
The minimum wage was a flagship policy of the Labour Party during its 1997 election campaign. However, it was originally opposed by many Labour MPs who believed it would weaken the bargaining power of the trade unions.
Although it was opposed by the Conservative Party, it’s remained government policy since its introduction and has risen year on year (though not in line with inflation).
The nature of the United State’s federal government means that the “federal minimum wage” varies. It’s highest in Washington DC, with California a close second.
Another difference between the two nations is that American bar staff and waiters are exempt from federal minimum wage on the assumption that their tips will take them over the threshold.
3. Food standards
Watchers of the UK news may recall the short-lived “chlorinated chicken” scandal. On leaving the EU, it was feared that the UK might lower its food standards by accepting imports from the USA.
That’s because several ingredients and industrial processes used in the USA aren’t allowed in the EU.
McDonald’s strawberry sundae is a case in point. In the US, it gets its colour from something called “red 40”. In the UK, it comes from strawberries. Similarly, North American Fanta gets its colour from red 40 and yellow 6, whereas the UK version relies on pumpkin and carrot extracts.
As well as preservatives, colorants and other additives there are differences, too, in farming and meat processing. Some stateside farmers, for instance, use pesticides and antibiotics that are banned in the UK.
However, it’s a two-way street. You’ll struggle to find an authentic haggis in the USA thanks to its import ban on animal lung – but you can get a lungless version.
4. Marijuana
In the USA, cannabis has been legalised in 21 US states and decriminalised in a further ten. You can buy it from dispensaries or even via Uber Eats-style apps.
In the UK, it’s a Class B drug. Possession can result in a police warning or on-the-spot fine of £90, with harsher penalties for supply.
It has, however, been legalised for medical use since 2018 – and the UK is one of the world’s largest exporters of legal cannabis.
5. Jaywalking
In the UK – with the exception of Northern Ireland – there are no laws about how pedestrians can cross roads. The Highway Code gives recommendations but these, like the Code itself, aren’t legally binding.
This laxity is reflected in the fact that we don’t have a word for unlawfully crossing the road. In the USA, it’s called “jaywalking”. The word comes from “jay”, meaning a “greenhorn” or “rube” – someone inexperienced or naive.
Most Brits are happy with the way things are done. A 2014 YouGov poll found that 77% of respondents thought that walking on roads when safe to do so should remain legal.
Although jaywalking is a crime in the USA, the level of enforcement varies from place to place. Fines range from one dollar to $1,000 and in some cities (like New York) it’s not uncommon.
One reporter in Boston spent a day trying to get fined for jaywalking and couldn’t get arrested – even when breaking the law in front of police officers.
Conclusion
Differences in law between the USA and the UK are interesting in themselves – but they can also have real-life consequences, especially when contract law is concerned.
If you’re trading internationally, you need to be sure that your paperwork is compliant. This isn’t an activity that lends itself to guesswork. The finer details of law are rarely intuitive – and, as we’ve seen, can differ wildly from place to place.
Your best bet is to get an experienced lawyer on your side to make sure that everything’s above board and ready to go.
Are you looking for legal guidance? Our team of trusted Yorkshire lawyersis ready to provide jargon-free, no-nonsense advice.Get in touchfor a free initial consultation.
