Civil Laws at American Samoa (US)
American Samoa is an unincorporated and unorganized territory of the United States. Its legal system is unique, blending elements of U.S. common law with a strong emphasis on Samoan customary law, especially concerning land and traditional titles.
Unlike the 50 states, the U.S. Constitution does not apply in its entirety to American Samoa; only "fundamental" constitutional rights are guaranteed. There is no U.S. federal district court in American Samoa; federal cases originating in American Samoa may be heard in the U.S. District Court for the District of Columbia or Hawaii.
1. Sources of Civil Law in American Samoa:
Revised Constitution of American Samoa: The supreme law of the territory, which also explicitly protects Samoan customary practices, particularly regarding land.
American Samoa Code Annotated (ASCA): The codified laws passed by the American Samoa Fono (legislature).
Case Law (Judicial Precedent): Decisions of the High Court of American Samoa (including its appellate division) and, in some instances, decisions from U.S. federal courts, form binding or persuasive precedent.
Samoan Customary Law: This is a crucial and legally recognized source of law, particularly for matters related to communal land and matai (chiefly) titles. The Land and Titles Division of the High Court of American Samoa has exclusive jurisdiction over these matters and applies customary law.
U.S. Federal Law: Certain federal laws apply to American Samoa, although not all.
2. Key Branches of Civil Law in American Samoa:
Contract Law:
Generally follows U.S. common law principles of contract formation, interpretation, and remedies for breach.
The ASCA would contain specific statutes related to certain types of contracts or commercial transactions.
Property Law: This is arguably the most distinctive area of civil law in American Samoa.
Customary Land: The vast majority (around 80-90%) of land in American Samoa is communal land, owned by Samoan families (aiga) and administered by the matai. Crucially, the alienation (sale or permanent transfer) of customary land is highly restricted, primarily limited to persons of at least one-half Samoan blood. Non-natives are generally not permitted to own land, but can enter into long-term leaseholds (e.g., up to 55 years). The policy aims to protect Samoan land and cultural heritage.
Freehold Land: A small percentage of land is freehold, which can be privately owned and freely alienated.
Land and Titles Court: This specialized division of the High Court has exclusive jurisdiction over disputes concerning customary land and matai titles, applying Samoan custom and usage.
Family Law:
Governed by specific statutes in the ASCA and interpreted by the High Court.
Marriage: Laws define the requirements for marriage.
Divorce: Grounds for divorce are specified in ASCA, including adultery, habitual cruelty or ill usage, desertion, imprisonment for a long term, and voluntary continuous separation for five years or more. "Irreconcilable differences" is also a ground. The court may make orders for maintenance, child custody, and property division. There is typically a one-year residency requirement for divorce petitioners.
Child Custody and Support: The court determines custody and support arrangements based on the best interests of the child.
Adoption: The District Court hears adoption cases. Persons 21 or older may adopt. Written consent from parents or guardians is required. American Samoa law does not address international adoptions.
Inheritance Law (Succession):
For non-customary property, the ASCA provides rules for distribution.
If there is a surviving spouse, they typically receive one-third of the estate, and surviving children share equally in the remaining two-thirds. If no spouse, children get all. If no children, the spouse gets all. If no spouse or children, next-of-kin (parents and siblings) inherit.
For customary land, inheritance and succession are governed by traditional Samoan customs and the rulings of the Land and Titles Court, not by wills. Customary land cannot be devised by will.
Small Estates: The ASCA has provisions for simplified probate for "small estates" (e.g., total value of property not exceeding $10,000), which typically do not require a court hearing.
Tort Law (Civil Wrongs/Damages):
Generally follows U.S. common law principles regarding negligence, intentional torts, etc.
Individuals can seek compensation for harm or loss.
Specific protections exist, such as ASCA § 43.1528, which states that the real property of a Samoan generally cannot be sold under a writ of court to satisfy a judgment, with exceptions like mortgage foreclosures. This provision is intended to discourage the alienation of Samoan land.
Civil Procedure:
The American Samoa Rules of Civil Procedure govern the conduct of civil cases in the High Court and District Court.
The court system includes the District Court (hears misdemeanors, civil cases under $15,000, and adoptions), and the High Court (with trial, land and titles, and appellate divisions). The Land and Titles Division has specific rules (American Samoa Rules of the Land and Titles Division) that supplement the general civil procedure rules.
Important Considerations:
Protection of Samoan Culture and Land: A fundamental policy of the Government of American Samoa, enshrined in its Constitution, is to protect Samoan land from alienation and preserve the Samoan way of life. This profoundly impacts civil law, particularly property and inheritance.
Limited U.S. Citizenship: Persons born in American Samoa are generally U.S. nationals but not U.S. citizens at birth, unless one of their parents is a U.S. citizen. This has implications for federal rights and obligations.
Unique Legal Framework: The strong emphasis on customary law, especially for land and matai titles, makes American Samoa's legal system distinct from most other U.S. jurisdictions.
Bilingualism: While English is widely used, Samoan is also an official language and plays a vital role in customary legal proceedings.
For any specific civil law matter in American Samoa, it is highly recommended to consult with a local attorney who is familiar with the nuances of its unique legal system, including both statutory law and customary practices.
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