Cecily Zamora
Case law, also known as common law, is a law based on precedents set by previous judicial decisions rather than laws based on constitutions, statutes, or regulations. It is used in common law countries, including the United States, the United Kingdom, Canada, and others. In these countries, courts decide on the applicable law by interpreting statutes and applying precedents from past cases. While court decisions do not count as laws per se, they can set precedents that are binding on future cases, effectively shaping the law. This is known as the doctrine of stare decisis, which means let the decision stand. The legal rationale behind decisions in common law courts is generally explained in detail, with citations of legislation and previous relevant judgments, often interpreting wider legal principles.
| Characteristics | Values |
|---|---|
| Court cases | Case law, precedent, common law |
| Court cases as laws | No, but they guide judges in their decision-making |
| Court case types | Criminal proceedings, family law, civil law, common law |
| Court case influence | Depends on the court's reputation and the judges |
| Court case sources | Published court reports, academic writers, legal encyclopedias |
| Court case examples | Marbury v. Madison (1803), High Trees case |
| Court case jurisdiction | Constitutional, federal, state, original, appellate |
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What You'll Learn
Common law vs civil law
There are two primary legal systems in the world: common law and civil law. Common law systems place great weight on precedent, and judges in these systems rely on prior judicial decisions as legally binding precedent. In contrast, civil law systems are characterised by their reliance on legal codes as the primary source of law.
Common Law
Common law, also known as case law or precedent, is the body of prior judicial decisions used by judges to guide their decision-making in current cases. Common law originated in medieval England and is the system used in countries that were former British colonies or protectorates, including the United States. Common law is less prescriptive than civil law, and generally, everything is permitted unless expressly prohibited by law. Contracts in common law systems have few implied provisions, so it is essential to set out all the terms governing the relationship between the parties in the contract itself. Common law courts generally explain the legal rationale behind their decisions in detail, citing relevant legislation and previous judgments, and interpreting wider legal principles.
Civil Law
Civil law is the most common legal system globally, practised in about 150 countries. It is rooted in the Roman Empire and was comprehensively codified and disseminated in the 19th century, notably with France's Napoleonic Code and Germany's Bürgerliches Gesetzbuch. Civil law systems are more prescriptive than common law systems, and contracts in these systems have many implied provisions. As a result, civil law contracts tend to be shorter, and less importance is placed on setting out all the terms in the contract itself. Civil law judges tend to give less weight to judicial precedent, and they are not bound by the doctrine of stare decisis ("let the decision stand").
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Court hierarchy
The US federal court system has three main levels: district courts, circuit courts, and the Supreme Court.
District Courts
The 94 district courts are the trial courts of the federal court system. They have original jurisdiction, meaning they preside over cases first. These cases can be criminal or civil. For example, if you break a federal law and get arrested, your case will be heard in a federal district court. Civil cases include suing the government or an agent of the government for violating your rights under the Constitution. Federal district courts hear over 300,000 cases a year.
Circuit Courts
The 13 circuit courts are the first level of appeal. They are also known as the United States Courts of Appeal and are divided into thirteen circuits. These courts determine whether the law was applied correctly in the trial court or federal administrative agency.
Supreme Court
The Supreme Court is the highest court in the United States and is the final level of appeal in the federal system. It sits as the court of last resort in the federal court system. Decisions by the US Supreme Court are binding on all federal and state courts.
In addition to these three main levels, there are several specialized trial courts, including the Bankruptcy Courts, the Court of Federal Claims, and the Court of International Trade.
Each state also has its own judicial system, which includes trial and appellate courts. The highest court in each state is often referred to as the "supreme" court, although there are exceptions, such as the New York Court of Appeals and the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state law, and regulations, but they may also hear cases involving federal laws.
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Binding precedent
Case law, also known as precedent or common law, refers to the body of prior judicial decisions used to guide judges in deciding issues before them. These past decisions are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes.
The doctrine of precedent, or stare decisis ("let the decision stand"), is a principle by which judges are bound to past decisions, drawing on established judicial authority to formulate their positions. Binding precedent is a type of precedent that must be followed in subsequent similar cases. The weight given to a binding precedent may depend on the reputation of the reporter and the judges.
In the United States, decisions by the U.S. Supreme Court are binding on all federal and state courts. 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. Similarly, a decision by one district court in New York is not binding on another district court, but the original court's reasoning might guide the second court's decision.
In some jurisdictions, case law can be applied to ongoing adjudication, such as criminal proceedings or family law. For example, in Sweden, the Supreme Court and the Supreme Administrative Court have the right to set precedent, which is binding in practice but not formally.
To determine if a case law is binding, it is important to ascertain the precedents referred to in drawing the conclusion and upon whom the decision has been relied. It may be necessary to compare many different instances to the particular facts of a case to determine the applicable law.
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Judicial interpretation
There are several methods for conducting judicial interpretation in the United States. Balancing occurs when judges weigh one set of interests or rights against another, and it is frequently used in First Amendment cases. For instance, in cases involving freedom of speech, justices must distinguish between legally permissible speech and speech that can be restricted or banned for reasons such as safety. In such cases, the task for justices is to balance these conflicting claims. Another method is doctrinalism, which considers how various parts of the Constitution have been "shaped by the Court's own jurisprudence".
Founders' Intent is a method of judicial interpretation in which judges attempt to discern the intentions of the authors of a statute or constitution. Prudentialism discourages judges from establishing broad rules for potential future cases and advises courts to play a limited role. Strict constructionism advocates for judges to interpret the text only as it is written, implying that once a clear meaning has been established, no further analysis is required. Judges should avoid drawing inferences from previous statutes or the constitution and instead focus on the exact wording.
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in resolving issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. 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 it is not binding on a court sitting in California. Similarly, while a decision by one district court in New York is not binding on another district court, the original court's reasoning may assist the second court in reaching its decision.
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Academic influence
Court cases do not count as laws, but they can set future precedents that influence how laws are interpreted and applied. This is particularly true in common law systems, where courts interpret statutes and apply precedents that record how and why previous cases have been decided. In this way, court cases can have a significant academic influence, as they contribute to the development of case law and the interpretation of statutes.
In the past, common law courts rarely cited academic writers in their decisions. However, today academic writers are often cited in legal arguments and decisions as persuasive authority. This is especially true in civil law jurisdictions, where academic writers have traditionally played a more significant role in developing case law. In these systems, academic writings may be published in treatises or journals and are an important source of legal exposition.
The influence of academics on court cases and the development of case law is particularly notable in certain areas of law, such as academic freedom and First Amendment rights in the United States. For example, in Ambach v. Norwick (1979), the Supreme Court of the United States ruled on the basis of an equal protection case under the Fourteenth Amendment rather than a free speech case under the First Amendment, setting a precedent for judicial review of book removals from libraries to prevent First Amendment violations. In another case, Morse v. Frederick (2007), the court ruled that school officials do not violate students' First Amendment rights by preventing the expression of views that promote drug use.
Court cases can also shape public policy and influence how laws are applied in practice. For example, in the United States, the Supreme Court's decision in Brown v. Board of Education of Topeka ended legal segregation in public schools, influencing how educational opportunities are provided in the country. Similarly, the Supreme Court's ruling in Regents of the University of California v. Bakke (1978) determined that affirmative action was lawful, influencing college admissions policies for decades.
Overall, while court cases do not count as laws, they can have a significant academic influence by setting precedents, contributing to the interpretation of statutes, and shaping public policy. The influence of academics on court cases is also notable, particularly in civil law systems and certain areas of law such as academic freedom and First Amendment rights.
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Frequently asked questions
Court cases do not count as laws but they can be used as precedents for future cases. This is called case law or common law.
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.
Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles. Civil law jurisdictions, on the other hand, tend to be shorter, referring only to statutes.
