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American Samoa

Common law

American Samoa is part of, or a territory of, the United States.

American Samoa is an unincorporated territory of the United States with a Constitution of 1967. It has its own High Court and a strong role for Samoan custom and the chiefly (matai) system, which protects communal land.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of American Samoa, and United States federal law that applies to it
  • Laws made by the Fono, the territorial legislature
  • Samoan custom, especially for land and chiefly titles
  • Decisions of the High Court of American Samoa

The main courts

  • The High Court of American Samoa, with an Appellate Division and a Trial Division
  • The District Court, and village courts that apply custom
  • The federal courts, which have limited reach

Becoming a lawyer

A law degree, usually from the United States, and admission by the High Court.

What may surprise you

  • Land is mostly communal, and cannot easily be sold to people outside Samoan families.
  • People born there are United States nationals, but not citizens by birth.
  • Village councils and chiefs hear certain local disputes.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists American Samoa as: Common law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

Sources last reviewed: October 2026.

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about American Samoa, consult a lawyer qualified there. Report a mistake.

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