Kara Sears
Case law refers to existing rulings and legal precedents set by the judicial branch of the government. It is the duty of the courts to interpret laws written by the legislative branch of the government, which includes senators and representatives at the state and federal levels. After a bill is signed into law, it is tested in the courts, which interpret the law and rule on its constitutionality. Case law is developed from judicial opinions or decisions over time, and courts follow the doctrine of precedent, or stare decisis, to create and build upon holdings of law. Common law courts explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, while civil law jurisdictions are generally shorter, referring only to statutes.
| Characteristics | Values |
|---|---|
| Definition | Case law refers to existing rulings and legal precedents set by the judicial branch of a government. |
| Purpose | Case law ensures consistency throughout the legal system. |
| Sources | Case law comes from court rulings, judicial opinions, and decisions. |
| Hierarchy | The higher courts' rulings are binding on lower courts. |
| Exceptions | Higher courts do not have direct oversight over lower courts, and lower courts may not deviate from binding precedent. However, they can express the hope that a higher court will reform a rule. |
| Appellate Courts | Appellate courts review lower court cases and issue decisions in response to appeals. |
| Trial Courts | Trial courts determine the relevant facts of a dispute and apply the law. |
| Common Law Courts | Common law courts explain the legal rationale behind their decisions, citing legislation and previous judgments. |
| Civil Law Courts | Civil law courts' decisions are historically brief and not amenable to establishing precedent, so exposition of the law is done by academics. |
| Citations | Published court reports provide a permanent record of judicial opinions and are easily cited. |
| Academic Influence | Academic writers are increasingly cited in legal arguments and decisions, especially when judges are attempting to implement novel reasoning. |
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What You'll Learn
Common law courts explain the rationale behind decisions
Case law is the body of law developed from judicial opinions and decisions over time. It is also known as judicial precedent, judge-made law, or common law. Common law courts explain the rationale behind their decisions by citing legislation and previous relevant judgments, often interpreting wider legal principles. This necessary analysis is called ratio decidendi, which then constitutes a precedent that is binding on other courts.
In common law, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why past cases have been decided. 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. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.
In a common law jurisdiction, several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts. Then, locate any relevant statutes and cases, and extract the principles, analogies, and statements by various courts. This helps determine how the next court is likely to rule on the facts of the present case. Finally, one integrates all the reasons given, determines "what the law is", and applies that law to the facts.
The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction, and on future decisions of the same appellate court. However, decisions of lower courts are only non-binding persuasive authority.
Common law systems are considerably more complicated in practice than in theory. The weight given to any reported judgment may depend on the reputation of both the reporter and the judges. In the United States, for instance, the federal and state court systems have trial courts and appellate courts. Generally, trial courts determine the relevant facts of a dispute and apply law to these facts, while appellate courts review trial court decisions to ensure the law was applied correctly.
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Civil law jurisdictions' decisions are shorter
Case law is the body of law that is derived from judicial opinions and decisions over time. There are two main types of legal systems in the world: Common Law and Civil Law. Common law courts generally explain in detail the legal rationale behind their decisions, citing both legislation and previous relevant judgments and interpreting wider legal principles. This analysis, called ratio decidendi, constitutes a precedent that is binding on other courts.
Civil law jurisdictions, on the other hand, tend to produce shorter decisions that refer only to statutes. This is because civil law jurisdictions follow the tradition that the reader should be able to deduce the logic from the decision and the statutes. The two highest courts in civil law jurisdictions, such as Sweden, can set precedent, which is binding on all future applications of the law. However, because civil law court decisions are brief and not amenable to establishing precedent, much of the exposition of the law in civil law traditions is done by academics rather than judges. This is called doctrine and may be published in treatises or journals.
Common law jurisdictions, such as England and the US, emphasize reorganization when a business faces financial trouble to keep it as a going concern. In contrast, civil law jurisdictions focus on liquidation, although some countries like France now permit reorganizations of debtors before they become insolvent. Another difference is that in civil law jurisdictions, unless a contract specifies that the parties have agreed to arbitration, it will be enforced by the administrative courts.
In summary, civil law jurisdictions' decisions are shorter because they adhere to the tradition that the reader should deduce the logic from the decision and statutes, and because their court decisions are historically brief and not amenable to setting precedents.
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Case law and statutory law
Case law, also known as common law, is established in court rulings and is based on the interpretation of statutes and legal principles established through prior court decisions. It is created by judges through their decisions and rulings in legal cases and is considered more flexible, evolving over time as new legal issues emerge. Case law serves as a collection of precedents and authority set by previous judicial decisions on a particular issue or topic. It is important to note that case law can vary depending on the state, with different states having different perspectives on specific matters.
In contrast, statutory law, or statute law, refers to the law created by legislative bodies such as parliaments or congresses. These laws are prescribed in specific statutes and passed by the legislature. The process of enacting statutory law can vary, as it must be passed at different levels of government, including local, state, and federal. Statutory law is typically more specific and rigid than case law, requiring a formal legislative process to implement changes.
The two types of law complement each other in common law countries such as the United States, the United Kingdom, Canada, and Australia. In the common law tradition, courts interpret statutes and apply precedents from previous cases to decide on the applicable law in a given situation. The doctrine of stare decisis, which means "to stand by things decided," guides common law systems, requiring lower courts to adhere to the decisions of higher courts.
While case law is established through judicial decisions, statutory law results from the legislative process. These laws are written and formally enacted by the legislative body, carrying authority within the jurisdiction they cover. Appellate court decisions, which are used as precedents for future cases, are published in sources specific to each court, known as case reporters. Attorneys rely on these published case laws to interpret the law and guide their legal strategies.
In summary, case law and statutory law represent two distinct yet complementary aspects of the legal system in common law countries. Case law is shaped by judges' rulings and interpretations of previous cases, offering flexibility and adaptability. On the other hand, statutory law is created by legislative bodies through a formal process, resulting in specific statutes that are binding within their jurisdictions. Understanding the nuances of these two types of law is essential for legal practitioners and citizens alike.
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The role of law professors in case law
Law professors play a significant role in the legal profession, with responsibilities that extend beyond the classroom. They are teachers, scholars, mentors, and leaders, shaping the minds of future legal professionals. While their primary role is to educate students on the intricacies of the law, its philosophy, and its practical application, they also contribute to the advancement of legal knowledge through research and publication.
In terms of case law specifically, law professors in common law traditions have traditionally played a smaller role in its development compared to civil law. Common law courts rely more on judicial decisions and precedent, whereas civil law traditions have historically been more influenced by academic interpretations. However, today, academic writers are often cited in legal arguments and decisions, even in common law jurisdictions. Law professors contribute to this body of academic work, which can be used to support and shape legal reasoning and the interpretation of case law.
The day-to-day responsibilities of a law professor typically include teaching, research, and service. Teaching involves instructing students on legal concepts, ethics, and the practical application of law. They also create coursework and provide support to students, helping them navigate complex legal documents and make ethical decisions. As scholars, law professors conduct research and publish articles, books, and casebooks, contributing to the collective knowledge of the legal industry. This research can also help establish their credentials and influence in the legal field.
Additionally, law professors serve on committees, participate in professional organizations, and contribute to the governance of their universities and law schools. They are expected to uphold the highest ethical standards and act as role models for their students, instilling in them a commitment to justice, professionalism, and anti-bias values. Overall, law professors play a crucial role in shaping the legal landscape, both through their direct influence on students and their contributions to legal scholarship, which can include interpretations of case law.
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Hierarchy and precedence in federal court systems
Case law refers to the body of law that is derived from judicial opinions and decisions over time. It is distinct from statutory law, which is made by legislative bodies, and administrative law, which is made by the executive. In common law systems, case law is particularly important, as courts decide the law applicable to a case by interpreting statutes and applying precedents.
In the US federal court system, there are three main levels: district courts, circuit courts, and the Supreme Court. The district courts are the trial courts, where evidence and witnesses are presented, and judges or juries decide on the facts of a case and apply the law. There are 94 district courts across the country.
The circuit courts are the first level of appeal. There are 13 of these, and they are called the US Courts of Appeals. They review decisions made by the district courts to ensure that the law was applied correctly.
The Supreme Court is the highest court in the US and the final level of appeal. It has the power to decide on appeals of cases brought in federal or state courts that deal with federal law. The Supreme Court can also deviate from its previous decisions, although it rarely does so in practice.
The US federal and state court systems are parallel, with each system divided into trial courts and appellate courts. The state hierarchy usually includes a State Supreme Court, which is parallel to the US Supreme Court, and a Court of Appeals, which is parallel to the US Courts of Appeal. The lowest level of court in the state system is the trial court, which is parallel to the US District Courts.
Within the court system, the principle of stare decisis ("to stand by things decided") is important. This means that courts must follow their previous decisions in similar cases, and lower courts must make decisions consistent with the previous decisions of higher courts. However, lower courts may attempt to evade a precedent if they believe that developments in legal reasoning have rendered it unhelpful.
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Frequently asked questions
Case law refers to existing rulings and legal precedents set by the judicial branch of a government.
Case law ensures consistency throughout the legal system. It is the reason why the rulings of higher courts, such as the U.S. Supreme Court, are given so much attention.
Judges at every level of the court system refer to precedents while hearing a case, and attorneys often refer to case law in court as part of their arguments.
Common law courts explain the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments. This analysis, called ratio decidendi, then constitutes a precedent binding on other courts.
Common law systems follow the doctrine of stare decisis, meaning that courts are bound by their previous decisions in similar cases. Civil law systems, on the other hand, do not formally establish precedent, and much of the exposition of the law is done by academics rather than judges.
