Keith Mack
The concept of good law refers to legal precedent, where rulings made in previous similar cases are used as a basis for resolving new cases. In common law systems, precedents are maintained over time through court records and are historically documented in collections of case law known as yearbooks and law reports. Now, while the weight of a precedent can vary based on its recency and the hierarchy of the court, it's worth examining whether cases from as far back as 1874 can still be considered good law. Interestingly, this period did witness significant developments in case law, with the US federal courts starting to publish decisions as a government function. Notable US Supreme Court cases from 1874 include Northwestern Union Packet Co. v. Viles, Hardy v. Harbin, Scholey v. Rew, and City of New Orleans v. New York Mail S S Co.
| Characteristics | Values |
|---|---|
| Cases from 1874 | US Supreme Court Cases |
| US State Law | |
| Common Law | |
| Judicial Precedent | |
| Judge-made law | |
| Case Law | |
| Ratio decidendi | |
| Binding precedent |
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What You'll Learn
Precedent and common law
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common law is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. The example set by higher courts is binding on cases tried in lower courts. However, lower courts can choose to modify or deviate from precedents if they are outdated or if the current case is substantially different from the precedent case. Lower courts can also choose to overturn the precedent, but this rarely occurs.
Common law is more malleable than statutory law. Common law courts are not absolutely bound by precedent but can, when extraordinarily good reason is shown, reinterpret and revise the law without legislative intervention to adapt to new trends in political, legal, and social philosophy. The common law evolves through a series of gradual steps, so that over a decade or more, the law can change substantially without a sharp break, thereby reducing disruption.
In a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish a new precedent. Common law sometimes proves the inspiration for new legislation to be enacted. For example, in February 2019, the U.K. Parliament passed the Voyeurism (Offences) Act that officially makes upskirting a crime, punishable by up to two years in prison and the possibility of placing a convicted individual on the sex offenders register.
In 1874, the US Supreme Court decided several cases, including:
- ATLEE v. PACKET CO., 88 U.S. 389 (1874)
- NORTHWESTERN UNION PACKET CO. v. VILES, 154 U.S. 608 (1874)
- HARDY v. HARBIN, 154 U.S. 598 (1874)
- SCHOLEY v. REW, 90 U.S. 331 (1874)
- CITY OF NEW ORLEANS v. NEW YORK MAIL S S CO., 87 U.S. 387 (1874)
- UNION PAPER COLLAR CO v. VAN DUSEN, 90 U.S. 530 (1874)
- LEWIS v. COCKS, 90 U.S. 466 (1874)
- CITIZENS' SAVINGS & LOAN ASS'N v. CITY OF TOPEKA, 87 U.S. 655 (1874)
- HAMILTON v. DILLIN, 88 U.S. 73 (1874)
- MINOR v. HAPPERSETT, 88 U.S. 162 (1874)
- MURDOCK v. CITY OF MEMPHIS, 87 U.S. 590 (1874)
- EDWARDS v. ELLIOTT, 88 U.S. 532 (1874)
- THE MONTELLO, 87 U.S. 430 (1874)
- GARRISON v. CITY OF NEW YORK, 88 U.S. 196 (1874)
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US Supreme Court cases from 1874
The United States Supreme Court acts as the "court of last resort" in the US legal system. The modern court's main job is to be the final decision-maker on issues involving the Constitution. The court receives thousands of petitions each year, out of which around 100 are chosen for review by the nine justices.
- Northwestern Union Packet Co. v. Viles
- Hardy v. Harbin
- Scholey v. Rew
- City of New Orleans v. New York Mail S S Co
- Union Paper Collar Co v. Van Dusen
- Lewis v. Cocks
- Citizens' Savings & Loan Ass'n v. City of Topeka
- Hamilton v. Dillin
- Minor v. Happersett
- Murdock v. City of Memphis
- Edwards v. Elliott
- The Montello
- Garrison v. City of New York
- In re Broderick's Will
- Atlee v. Packet Co
- Trask v. Maguire
- Underwood v. McVeigh
- United States v. Arwo
- United States v. Cook
- United States v. Hatch
- United States v. Herron
- United States v. Innerarity
- United States v. Jonas
- United States v. Shrewsbury
- United States v. Villalong
- University v. Finch
- Vannevar v. Bryant
- Walker v. The State Harbor Commissioners
- Warren v. Van Brunt
- Washing-Machine Company v. Tool Company
- Watson v. Bondurant
- Williams et al. v. Bankhead
- Woodman Pebbling Machine Company v. Guild
- Woodson v. Murdock et al
- Zantzingers v. Gunton
- Adams v. Adams
- Aicardi v. The State
- Allen & Co. v. Ferguson
- Allen v. Tarlton
- Ambler v. Whipple
- Atchison v. Peterson
- Atkins v. The Disintegrating Company
- Avery v. Hackley
- Bank v. Cooper
- Barings v. Dabney
- Bartemeyer v. Iowa
- Bartholow v. Bean
- Bean v. Beckwith et al
- Board of Commissioners v. Gorman
- Boise County Commissioners v. Gorman
- Boley v. Griswold
- Bulkley v. United States
- Bullard v. Bank
- Burke v. Miltenberger
- Burton v. Driggs
- Butt v. Ellett
- Cannon v. New Orleans
- Carpenter v. Rannels
- Chaffee & Co. v. United States
- Chambers County v. Clews
- City of Memphis v. Brown
- Claims of Marcuart et al
- Clarke v. Boorman's Executors
- Clinkenbeard et al. v. United States
This list is non-exhaustive, and there may be other US Supreme Court cases from 1874 that are not mentioned here.
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US federal courts and private publishers
Federal court decisions are published in reporters, which are issued consecutively. For example, decisions from the Supreme Court are published together in a reporter, but this reporter will not include decisions from cases at the circuit or district level. The first, second, and third series of the Federal Reporter are cited as "F.", "F.2d", and "F.3d", respectively. Published appellate court decisions are binding precedent on the district courts in that circuit.
Decisions issued by federal district courts (the trial court level in the federal system) are occasionally published in a reporter known as the Federal Supplement. The first, second, and third series are cited as “F. Supp.”, “F. Supp. 2d”, and "F. Supp. 3d", respectively. The Federal Supplement includes both decisions selected and not selected for publication. Federal case law is divided between the U.S. Supreme Court, U.S. Courts of Appeal (Circuit Courts), and the U.S. District Courts. Supreme Court opinions are the only federal opinions published in official case reporters, while West is the major publisher of unofficial case reporters.
Federal court decisions may also be accessed via subscription databases and free online resources. For example, WestlawNext has select unreported cases available via a search of the federal cases database. LexisNexis Communities also include select unreported cases within a search of the federal cases database, while also providing access to unpublished cases from the past ten years.
The federal judiciary and administrative office also produce a variety of publications for the public, Congress, and other parties to educate and inform about the work of the courts.
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Judicial precedent and stare decisis
Judicial precedent is a doctrine that upholds the principle that judges should follow previous similar legal decisions when deciding on current cases. This doctrine is based on the concept of stare decisis, a Latin term that means "let the decision stand" or "to stand by things decided". The English jurist William Blackstone described the English common law precedent doctrine in 1765 as establishing a strong presumption that judges would follow prior precedents where the same issues arise in litigation, to promote legal stability, unless such precedents were blatantly absurd or unjust. The American Supreme Court defined the justification for stare decisis as promoting "the even-handed, predictable, and consistent development of legal principles, fostering reliance on judicial decisions, and contributing to the actual and perceived integrity of the judicial process".
Stare decisis lessens the need for subsequent litigation and saves the time and energy of the judiciary by preventing it from having to continually decide the same legal question or issue if it has already been decided in another case. It is a foundational concept in the American legal system, where it is applied both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent, or the precedent of a court at the same level. Vertical stare decisis, on the other hand, refers to a court applying precedent from a higher court. For example, if the Seventh Circuit Court of Appeals adhered to a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis.
While stare decisis is a fundamental principle, it is not an "inexorable command". There are nuances and limits to its application. For example, in some cases, judges may offer reasons or legal nuances to avoid following precedential decisions or to outright overturn prior rulings, particularly if they believe that following precedent may lead to unjust outcomes. In addition, the U.S. Supreme Court has stated that stare decisis is particularly important in constitutional cases, and prior decisions in such cases may not be followed if they are "unworkable or are badly reasoned".
In the context of whether cases from 1874 are considered good law, it is important to note that the United States Supreme Court acts as the "court of last resort" in the U.S. legal system. Cases from 1874 include ATLEE v. PACKET CO., Scholey v. Rew, CITY OF NEW ORLEANS v. NEW YORK MAIL S S CO, and Hardy v. Harbin. These cases are considered part of the precedent that lower courts must follow, unless they have been overturned or are no longer considered good law due to changes in the law or other factors.
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US state law and federal courts
In the United States, courts exist at both the federal and state levels. The federal level includes the Supreme Court, the highest court in the country, as well as lower federal courts such as the U.S. Courts of Appeals, U.S. District Courts, and others. State courts, on the other hand, generally hear cases involving state constitutional matters, state laws, and regulations, though they may also hear a variety of other cases.
The U.S. Supreme Court acts as the "court of last resort" in the legal system. Each year, the court receives thousands of petitions, from which around 100 are chosen for review by the nine justices. The Court's main job is to be the final decision-maker on issues involving the Constitution.
Decisions made by the U.S. Supreme Court are binding on all federal and state courts. While the Supreme Court's decisions are always binding, lower federal courts' decisions may be binding or merely persuasive depending on the relationship between the deciding court and the precedent. For example, a decision by the U.S. Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court in California is not strictly bound to follow that decision.
In 1874, the U.S. Supreme Court decided several cases, including:
- Northwestern Union Packet Co. v. Viles
- Hardy v. Harbin
- City of New Orleans v. New York Mail S.S. Co.
- Union Paper Collar Co. v. Van Dusen
- Citizens' Savings & Loan Ass'n v. City of Topeka
- Minor v. Happersett
While these cases from 1874 represent important moments in the history of the U.S. legal system, it is important to note that the weight given to older cases can diminish over time as new cases build upon, modify, or overturn them. The influence and relevance of a case from 1874 in the present day would depend on the specific legal context and how that case has been treated in subsequent decisions.
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Frequently asked questions
Common law is the body of law primarily developed through judicial decisions rather than statutes. It is deeply rooted in stare decisis, meaning "to stand by things decided". Common law systems tend to give more weight to the separation of powers between the judicial branch and the executive branch.
Yes, cases from 1874 are considered common law. Common law originated in the practices of the courts of the English kings in the centuries following the Norman Conquest. The English Reports, which record the law of England from 1220-1865, are one of the greatest repositories of common law.
It depends on the jurisdiction. In common law jurisdictions, cases from 1874 can be considered good law as long as they have not been overturned or otherwise rendered invalid. However, it's important to note that the weight given to older cases may decrease over time as new decisions are made and society evolves.
Some examples of US Supreme Court cases from 1874 include:
- Northwestern Union Packet Co. v. Viles
- Hardy v. Harbin
- Scholey v. Rew
- City of New Orleans v. New York Mail S.S. Co.
- Union Paper Collar Co. v. Van Dusen
- Lewis v. Cocks
- Citizens' Savings & Loan Ass'n v. City of Topeka
- Hamilton v. Dillin
- Minor v. Happersett
Case law from 1874 can be found in official reports published by government bodies and private publishers. Websites such as Justia and FindLaw also provide archives of Supreme Court case summaries, although these may contain inaccuracies and are recommended for educational rather than legal research purposes.
