Cecily Zamora
Judicial decisions, or case law, are extremely important to the United States legal system because they have the power to change the law. This is because the United States is a common-law country, with a legal system that derives from English tradition. However, the relationship between case law and policy is complex. While case law can supersede policy, this is not always the case. For example, in the United States, the federal court system has 13 judicial circuits, and decisions from each Court of Appeals are mandatory authority for the lower courts in those Circuits, but not from the other Circuits. Similarly, in the European Union, the principle of the primacy of EU law states that in the case of a conflict between EU law and the law of an EU Member State, EU law will prevail. However, this principle only applies in certain fields where Member States have ceded sovereignty to the EU, such as the single market, environment, and transport.
| Characteristics | Values |
|---|---|
| Definition of supersede | To replace or cancel something by taking its place |
| Example of supersede | A new law may supersede an older law |
| Case law | Judicial decisions that can change the law |
| Policy superseding | Legislating from the bench, judges appear to enact policy preferences with their decisions |
| Hierarchy | Lower courts must follow interpretations from higher courts |
| Jurisdiction | Federal courts for caselaw in modern copyright cases |
| Extraneous thoughts | Dicta, which are thoughts beyond the scope of litigation, do not make law |
| Primacy of EU law | EU law prevails over national law in cases of conflict |
| Statutory interpretation | Judges determine the meaning of the words of a statute |
| Statutory overrides | Judicial overruling is a reinterpretation of existing law |
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What You'll Learn
Case law in the US
Case law, or judicial decisions, plays a significant role in the United States legal system. As a common law country, the US legal system is largely derived from English tradition, dating back to the Magna Carta in 1215. Judicial decisions can change the law, sometimes incrementally and other times more significantly.
In the US, the federal court system consists of 13 judicial circuits, 11 of which cover different states and territories, with one dedicated to Washington, DC. There is also the Federal Circuit, which handles specific types of appeals. The trial courts, the first point of filing a case, are the District Courts, and the highest court in each circuit is the Court of Appeals. The US Supreme Court is the highest court in the land, and its decisions are binding on all federal and state courts.
Lower courts are bound by the decisions of higher courts in the jurisdictional hierarchy, a principle known as stare decisis, which means "to stand by things decided". This means that lower courts must follow the interpretations of higher courts, even in cases of statutory interpretation, where judges determine the meaning of a statute's words. However, it is important to note that not everything written in a court decision constitutes a law. Some parts may be considered dicta, which are extraneous thoughts that do not carry the weight of law.
While the US Constitution, federal and state laws, and regulations are the primary sources of law, case law plays a crucial role in interpreting and applying these laws to specific situations. It is essential to understand the jurisdiction, the position of the court in the hierarchy, and the specific issues within a case to grasp its legal implications fully.
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Case law in the EU
The Court of Justice of the European Union (CJEU) is the EU's judicial body, which interprets and applies European Union law as found in the EU treaties and legislation. The CJEU has broad jurisdiction in EU matters and its decisions have the force of law in the Member States of the EU. The CJEU consists of two courts: the Court of Justice and the General Court. The Court of Justice has exclusive jurisdiction over actions between the institutions and those brought by a Member State against the European Parliament and/or the Council. The General Court was created in 1989 to relieve the caseload of the Court of Justice and has jurisdiction, at first instance, in all other actions, particularly those brought by individuals or by a Member State against the Commission.
The CJEU's decisions can override national legislation and the decisions of national courts that are deemed contrary to the provisions of EU treaties and legislation. The principle of the primacy of EU law (also referred to as 'precedence' or 'supremacy') is based on the idea that where a conflict arises between an aspect of EU law and an aspect of law in an EU Member State (national law), EU law will prevail. This principle has developed over time through the case law of the CJEU. It ensures that EU law is uniformly interpreted and applied across all EU territories, and that people are uniformly protected by EU law.
The official website for the Court of Justice and the General Court is Curia, which provides access to the decisions of both courts. The Case Law page provides a search form, lists of cases, fact sheets, and annotations. Decisions since June 1997 are available online, and full-text searching is possible.
It is important to note that the primacy of EU law only applies where Member States have ceded sovereignty to the EU in specific fields, such as the single market, environment, and transport. It does not apply in areas such as education, culture, or tourism.
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The hierarchy of courts
The US Constitution establishes a federal system of government, with power shared between the federal and state governments, each with its own court systems. The federal court system has three main levels: district courts, circuit courts, and the Supreme Court. District courts, also known as trial courts, are the starting point for any case arising under federal statutes, the Constitution, or treaties. There are 94 district courts across the country, with over 670 district court judges nationwide. The 13 circuit courts, or courts of appeals, are the first level of appeal. The US Supreme Court is the highest court in the US and the final level of appeal in the federal system.
The US Supreme Court is the highest court in the land, and its decisions are binding on all lower courts. The Supreme Court has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. The 13 appellate courts below the Supreme Court determine whether the law was applied correctly in the lower trial court or federal administrative agency. The nation's 94 district or trial courts resolve disputes by determining the facts and applying the law to those facts.
The federal court system is divided into 12 regional circuits and one Federal Circuit. Each circuit court has a Court of Appeals, whose decisions are mandatory authority for the lower courts in those circuits but not in others. For example, if the 9th Circuit rules that something is fair use, the 3rd Circuit is not required to follow that ruling. Lower courts in a different circuit may choose to follow the ruling of a higher court in another circuit, but they are not bound to do so.
The principle of stare decisis, which means "to stand by things decided," binds lower courts to follow the decisions of higher courts in the jurisdictional hierarchy. This means that judicial decisions from appellate-level courts can change the law, as lower courts must follow interpretations from higher courts. However, it is important to note that not everything a court writes in a decision is law. Sometimes, courts may opine on issues beyond the scope of the litigation, and these extraneous thoughts, called dicta, do not create binding law.
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Dicta and holding
Dicta are not binding precedent and do not have to be followed. They are considered extraneous thoughts that are beyond the scope of the litigation at hand. Dicta are often broader or more general statements that have not been carefully considered by the court. As a result, they are given less weight and are more susceptible to modification or refinement in subsequent cases.
The holding, on the other hand, is the binding precedent that must be followed in future cases with similar situations. It is the court's statement of the rule of law that is applied to the facts of the case. While the holding may be qualified or refined in subsequent cases with different factual contexts, it still carries precedential weight and is considered the law.
Determining whether a statement is a holding or dictum is important, as it can impact the outcome of a case. However, it can be challenging to distinguish between the two. Some cases may have clear holdings and dicta, while others may require a more pragmatic approach that considers the statement on a sliding scale relative to its connection to the facts at issue.
In conclusion, dicta and holding are important concepts in law that refer to the court's comments and the reason for its decision, respectively. While dicta are not binding, the holding is the precedent that must be followed in future cases. Understanding the distinction between the two is crucial for interpreting case law and determining the applicable law in a given situation.
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The role of lawyers
Lawyers play a crucial role in the legal system, particularly when it comes to the interplay between case law and policy. In common law systems, such as in the United States, judicial decisions can change the law, sometimes even dramatically. This means that lawyers must stay apprised of both statutory law and case law to effectively represent their clients.
One of the primary roles of lawyers is to identify the relevant law and make arguments that benefit their clients. This involves legal research, where lawyers examine statutes, judicial precedents, and legislative history to determine the current state of the law. When conducting this research, lawyers should always start with the statute itself and then consider whether any judicial precedents have been superseded by subsequent statutory amendments. This process can be complex, as courts sometimes continue to follow circuit court precedent even after it has been implicitly superseded by a statutory override.
In addition to interpreting the law, lawyers also have a duty to protect the fundamental freedoms and rights of their clients. This includes ensuring that their clients are informed of their legal rights and duties and assisting them in asserting those rights. For individuals who cannot afford a lawyer, governments are responsible for providing legal assistance at no cost. Lawyers are also entitled to freedom of expression, belief, association, and assembly, allowing them to participate in public discussions and join professional associations without facing professional restrictions.
Furthermore, lawyers are expected to have the appropriate education and training to effectively represent their clients. This includes understanding the hierarchy of the court system and the binding nature of decisions from higher courts. For example, in the United States, decisions from the Supreme Court are binding on all lower courts, while decisions from a Court of Appeals are only mandatory authority for the lower courts within that circuit.
Overall, lawyers play a critical role in ensuring that individuals' rights are protected and that they have access to justice, regardless of their circumstances. By staying informed about both statutory law and case law, lawyers can effectively navigate the complex legal landscape and provide their clients with the best possible representation.
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Frequently asked questions
Supersede means to replace or cancel something by taking its place.
Case law can supersede policy, but this depends on the jurisdiction and the hierarchy of the courts involved. In the US, judicial decisions can change the law, and lower courts are bound to the decisions of higher courts. In the EU, the Court of Justice of the European Union has established the primacy of EU law over national law in member states.
In the US, lower courts have applied prior Supreme Court precedent that had been superseded by new statutory language. For example, in cases concerning disability claims, lower courts applied pre-ADAAA Supreme Court precedent even though the amended statute established a new standard for "regarded as" claims.
Congress may amend statutes to supersede prior judicial interpretations. For example, after the 1991 amendments to discrimination statutes, the Supreme Court rejected prior standards and announced a new standard for age discrimination claims.
When researching a statutory case, it is important to start with the statute itself and carefully assess the current operative statutory language to determine if it supersedes prior case law. It can also be helpful to consult the "finding and purposes" sections of the statute, as well as committee reports and legislative history.
