American Samoa is a US territory that is located along the eastern-most part of an island archipelago that is situated 14 degrees below the equator approximately half way between Hawaii and New Zealand. The main inhabited islands that comprise American Samoa are Tutuila, Aunu'u, Ofu, Olosega, and Ta'u. Ofu, Olosega, and Ta'u are known collectively as Manu'a. Nearby Samoa is an independent country that consists of the western-most islands in the Samoan islands chain.

There was no single sovereign authority governing the eastern Samoan islands at the beginning of the 20th Century. Instead, different geographical regions within Tutuila and Aunu'u were governed by high-ranking chiefs (matai) according to Samoan tradition (the fa'a Samoa). The people of the 3 Manu'a islands were governed by their King (the Tui Manu'a).

In 1900, the United States of America entered into a governance agreement with the highest-ranking chiefs of the islands of Tutuila and Aunu'u. In 1904, the USA entered into a similar agreement with the Tui Manu'a and the highest-ranking matai of the Manu'a islands. These agreements between the US government, the Tui Manu'a and the highest-ranking matai who governed the people of the eastern-most Samoan islands were memorialized in documents that are referred to as "the Deeds of Cession. " Through those agreements, the people of the eastern Samoa islands ceded their sovereignty to the United States and their islands became part of the United States known collectively as American Samoa.

Following the Deeds of Cession, the US Congress made the President of the United States responsible for administering American Samoa. The President initially delegated his administrative responsibility to the Secretary of the Navy, and then in 1951, to the US Secretary of the Interior. Presently, the US Department of the Interior oversees the administration of American Samoa through its Office of Insular Affairs (OIA). Information about American Samoa's relationship with the United States government is available on OIA's website. Congress hasn't made any significant changes to American Samoa's legal status since it ratified the Deeds of Cession. Therefore, American Samoa has no formal legal structure as a 'state,' 'commonwealth,' or other form of government organization. Thus, most legal scholars refer to American Samoa as an "unincorporated " and "unorganized " territory of the United States of America.

For the most part (with notable exceptions for laws that affect traditional Samoan communal land and matai titles), the US Constitution applies in American Samoa. In addition, the US Congress has extended many federal statutes to apply in American Samoa. However, there is no US federal court located in American Samoa in which to litigate cases that can only be heard in federal courts. Therefore, residents of American Samoa who desire to litigate questions of federal law must seek redress in the federal courts located in Hawaii or Washington, D.C. There is an ongoing debate over the issue of whether the US government should provide a federal court to address questions of federal law in American Samoa.

The local American Samoa Government resembles a typical state government with an elected Governor who administers an executive branch, a bi-cameral legislature that enacts local laws, and a judicial branch that adjudicates disputes. American Samoa's judicial system has a District Court that hears small claims, civil disputes under $5,000, traffic offenses, and misdemeanor crimes. The High Court hears civil disputes over $10,000, requests for injunctive relief, land and matai title disputes, probate cases, divorces, felony criminal cases, and appeals. There are no juries in civil cases, which are decided by the bench. However, criminal defendants have a right to a jury trial (except for minor crimes). The American Samoa Government's website can be viewed here.

In addition, the fa'a Samoa continues to coexist with American Samoa's formal legal system of governance because most of the people of American Samoa have continued to follow fa'a Samoa traditions by consensus. This tradition makes governing and administering justice in American Samoa unique.