Cecily Zamora
Case law, also known as precedent or common law, is a law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called case law or precedent. Lower courts on the federal level include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade and U.S. Bankruptcy Courts. So, are law cases always relevant?
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What You'll Learn
Case law vs. statutory law
Case law, also used interchangeably with common law, is a law that is based on precedents, i.e., the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law" or precedent.
Statutory law, on the other hand, is created by a legislative body, such as Congress or a state legislature. It is a law that is prescribed in specific statutes and passed by the legislature. The process of creating statutory law is different from case law. For example, statutory law must be passed on different levels of government, such as local, state, and/or federal levels, and the process of enacting statutory law may vary depending on the jurisdiction.
Case law is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary. This process sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law. Case law plays a significant role in shaping the legal system and ensures it evolves when necessary. It provides clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations, helping to ensure consistency in court rulings.
In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided. Common law systems follow the doctrine of stare decisis, where most courts are bound by their previous decisions in similar cases. According to stare decisis, all lower courts should make decisions consistent with the previous decisions of higher courts.
While case law and statutory law differ in their sources and creation processes, they are both crucial to the legal system and can work together to shape the law and guide legal decisions. Case law provides the interpretation and application of the law, while statutory law provides the written rules enacted by legislative bodies. Together, they contribute to the complex and evolving nature of the law.
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Common law vs. civil law
There are two main types of legal systems in the world, with most countries adopting features from one or the other into their own legal systems: Common Law and Civil Law.
Common Law
Common law refers to the wider legal system that was developed in medieval England and has evolved over the centuries since. Common law is a law that is based on precedents, i.e., the judicial decisions from previous cases, rather than laws based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law" or "precedent". Stare decisis, a Latin phrase meaning "let the decision stand", is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. Common law systems are less prescriptive than civil law systems. In a common law system, there are generally extensive freedom of contract and few provisions implied into a contract by law.
Civil Law
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Civil law is primarily contrasted with English common law, which influenced the legal traditions of English-speaking countries. Civil law systems are characterised by their reliance on legal codes that function as the primary source of law. Civil law is generally more prescriptive than a common law system. There are a number of provisions implied into a contract under the civil law system – less importance is generally placed on setting out all the terms governing the parties' relationship in the contract itself.
In summary, the main difference between common law and civil law is the role of written decisions and precedent as a source of law. While common law systems place great weight on precedent, civil law judges tend to give less weight to judicial precedent. Common law systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. Civil law, on the other hand, tends to rely more on legal codes as the primary source of law.
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The role of academic writers in case law
Academic writers play a crucial role in shaping case law, which is a law established following a decision made by a judge or a panel of judges. Case law is based on precedents, meaning that it relies on judicial decisions from previous cases rather than laws based on constitutions, statutes, or regulations.
In the past, common law courts rarely cited academic writers in their legal decisions. However, today, academic writers are frequently cited in legal arguments and decisions, providing persuasive authority. Judges may refer to academic writings when they want to implement reasoning that other courts have not yet adopted or when they find the academic's restatement of the law more compelling than existing case law. Academic writers can influence how judges interpret and apply existing laws to specific situations, contributing to the evolution of the legal system.
Academic legal writing requires the development and demonstration of arguments and the clear and accurate expression of ideas. It should be structured, persuasive, and take a position, with a particular emphasis on accessibility and precision. Case notes, for example, require writers to critically analyse the significance of a case and take a position by making an argument.
The tone of legal writing should be clear, concise, confident, and courteous, without being pretentious or overly familiar. Presentation is also important, with considerations such as text alignment, headings, spacing, and fonts playing a role in making the work engaging and accessible to readers. Academic writers must also pay attention to matters of style, presentation, and citation.
Overall, academic writers contribute to case law by providing persuasive authority, influencing judges' interpretations and applications of the law, and helping to shape the evolution of the legal system. Their role is significant in ensuring the practicality, accessibility, and consistency of case law.
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Federalism and case law
Federalism is a system of government in which entities such as states or provinces share power with a central government. Case law, on the other hand, is a law established following a decision made by a judge or judges. It involves interpreting and applying existing laws to specific situations, thereby setting a precedent for future rulings.
In the context of federalism, case law plays a crucial role in shaping the legal system and ensuring its evolution. It provides clarity and guidance to legal professionals on how laws are interpreted and applied in various situations, including those involving federalism. For example, in the United States, a landmark case in federalism is McCulloch v. Maryland, where the Supreme Court ruled in favour of McCulloch, a cashier at the Baltimore branch of the national bank, who refused to pay a tax levied by the state of Maryland on banks not chartered by the state. The Court's decision affirmed the principle that state legislatures are not subject to federal direction, highlighting the limits of federal power over the states.
Another example of case law in federalism is the case of Printz v. United States, which also involves the principle of federalism and the extent of federal power. In this case, the Court struck down a law that required state law enforcement officers to conduct background checks on handgun purchases, citing that Congress could not compel state officials to perform its federal tasks, even temporarily.
Additionally, case law in federal systems can address the division of powers between the federal and state governments, as well as contemporary issues in federalism. It provides a framework for interpreting and applying federalism principles in specific contexts, thereby shaping the dynamic between the central government and the constituent entities.
Overall, case law is an essential aspect of federalism, as it provides guidance, consistency, and precedent for legal interpretations and rulings within the context of shared powers between different levels of government. It helps ensure fairness and stability in the legal system by providing clear precedents for future rulings and interpretations.
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Case law and unique disputes
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. Case law is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary. This process then sets a legal precedent that other courts are required to follow, and it will help guide future rulings and interpretations of a particular law. Case law plays a significant role in shaping the legal system and ensures it evolves when necessary. It can provide clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations, and helps to ensure consistency in court rulings by drawing on the legal precedents that informed previous cases.
The types of disputes dealt with by courts can be broadly divided into two types: criminal cases and civil cases. These two types are dealt with quite differently, and different processes and approaches apply. For example, there is a difference in who ‘prosecutes’ the case, as well as in the standard of proof and in the outcomes if the case is proven. Criminal cases involve the enforcement of public codes of behaviour as outlined in state laws. In criminal cases, the government prosecutes individuals who are accused of violating these laws. If the court finds a person guilty of a crime, the court has the power to punish the offender by imposing a sentence (or punishment), such as a fine, community service, probation, or imprisonment. Civil cases involve conflicts between people or institutions, such as businesses. A civil case usually involves one person seeking a remedy of some kind from another person to resolve a dispute between them.
The stages of a criminal case are as follows:
- Pre-filing: When the dispute arises. The parties may make demands, try to settle the issue, and possibly prepare for the possibility of a lawsuit.
- Initial pleading: One party files a "Complaint". This begins the case. The other party may in some cases respond with an "Answer" or "Motion".
- Discovery: Both sides exchange information and learn about the strengths and weaknesses of the other side's case.
- Post-discovery/pre-trial: The parties prepare for the trial; they gather their evidence and organise their witnesses. If possible, the parties may attend a settlement conference. They may also file motions with the Court to resolve the case or limit the issues for trial.
- Trial: The case is heard by a judge or jury; once the witnesses testify and evidence is presented, the case is decided, and a judgment is entered.
Civil cases may not always follow these stages and may have unique procedures that are set out in the court's rules or in the governing statutes.
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Frequently asked questions
Case law is a law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
Case law is established following a decision made by a judge or a group of judges. It is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary.
Case law plays a significant role in shaping the legal system and ensures it evolves when necessary. It provides clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations.
Case law is sometimes used interchangeably with common law. Common law is a body of unwritten laws based on legal precedents established by the courts.
No, law cases are not always relevant. Case law evolves, and a decision that was once solid may now be lacking.
