Cameron Miranda
Case law, also known as precedent or common law, refers to the body of prior judicial decisions that guide judges in their decision-making process. In the United States, the Supreme Court is the highest court, and its decisions are binding on all federal and state courts. The United States government publishes its court decisions through official and unofficial reporters, which are chronological arrangements of cases from specific courts. Federal court decisions are also accessible via subscription databases and free online resources, such as Justia, which offers free access to federal and state court decisions, codes, and regulations. While not all cases are selected for publication in official reporters, unpublished opinions can be found in other sources like the Federal Appendix.
| Characteristics | Values |
|---|---|
| Case law availability | Free access to federal and state court decisions, codes, regulations, and the full text of the Annotated U.S. Constitution |
| Case law sources | Subscription databases, free online resources, and print reporters |
| Federal court decisions | Published in the Federal Reporter, Federal Supplement, or Federal Appendix |
| State court decisions | Published in regional reporters, with some states publishing their own official reporters |
| Binding precedent | Decisions by the U.S. Supreme Court are binding on all federal and state courts |
| Landmark cases | Marbury v. Madison, McCulloch v. Maryland, U.S. v. Nixon, Goss v. Lopez, Grutter v. Bollinger, Zelma v. Simmons-Harris, etc. |
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What You'll Learn
Federal court decisions
Decisions issued by U.S. circuit courts of appeals that are selected for publication are published in the Federal Reporter. The Federal Reporter is issued consecutively, meaning that each time a new group of decisions is ready to be published, a new volume is printed. 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 from U.S. circuit courts of appeals that are not selected for publication in the Federal Reporter are published in the Federal Appendix.
Occasionally, decisions issued by federal district courts (the trial court level in the federal system) are published in a reporter known as the Federal Supplement. The Federal Supplement includes both decisions selected for publication and those not selected for publication. The first, second, and third series are cited as “F. Supp.”, “F. Supp. 2d”, and "F. Supp. 3d", respectively.
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State court decisions
Each state in the US 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 laws and regulations, and may also hear cases involving federal laws.
Published decisions issued in state appellate court cases are often printed in two or more sources, including regional reporters and official state reporters. Some states print their published court decisions in an official state reporter, while others only print decisions in unofficial reporters or rely on regional reporters. For example, Virginia has an official reporter for printing published Virginia Supreme Court decisions, called Virginia Reports, and for Virginia Court of Appeals decisions, called Virginia Court of Appeals Reports. In contrast, Iowa does not print an official state reporter and has designated West as the official reporter of Iowa court decisions (compiled in the North Western Reporter).
West's National Reporter System compiles state appellate court decisions from a particular region of the country into one "regional" reporter. For instance, the Southern Reporter covers appellate decisions issued in Alabama, Florida, Louisiana, and Mississippi. Regional reporters are issued in series, i.e., first, second, and third series. California and New York also have their own single-state reporters by West.
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Case law vs statutory law
Case law, also referred to as common law, is established in court rulings rather than in specific regulations. It refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. Case law is created by a judicial body, such as the Fourth Circuit Court of Appeals or the Virginia Supreme Court.
Statutory law, on the other hand, is created by a legislative body, such as the US Congress or the State of Maryland General Assembly. These laws are prescribed in specific statutes and are passed by the legislature. The process of creating statutory law differs from case law. Statutory law must be passed on different levels of government, such as local, state, and/or federal levels, and the process of enacting it may vary depending on the jurisdiction.
While case law is established through court rulings, it can also be influenced by statutory law. For example, if a statute is found to be unconstitutional, case law may overturn it. Similarly, statutory law can override case law. If a statute law applies to a particular situation, it takes precedence over common law.
In the United States, the highest court is the United States Supreme Court. Lower federal courts include the US Courts of Appeals, US District Courts, the US Court of Claims, and the US Court of International Trade and US Bankruptcy Courts. Each state also has its own judicial system, typically including trial and appellate courts. The Library of Congress provides access to records and briefs for most US Supreme Court opinions from 1832 to the present. Federal court decisions are also available via subscription databases and free online resources.
In conclusion, both case law and statutory law are crucial components of the legal system. They differ in their creation and application, with case law being established through judicial rulings and relying on precedents, while statutory law is created by legislative bodies and prescribed in specific statutes. However, they may interact and influence each other, ultimately contributing to the complex and dynamic nature of the legal system.
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Court reporters
In the United States, the Court Reporter Statute, 28 U.S.C. § 753, outlines the proceedings that must be recorded by court reporters. These transcripts are typically available within the court for internal use and can also be accessed remotely by attorneys and other authorised individuals through the court's Case Management/Electronic Case Files (CM/ECF) system. The statute also allows court reporters to charge fees for providing transcripts to requesting parties, with the fee schedule posted in the district court clerk's office or on the court's website.
The role of court reporters is particularly important in the context of case law, which refers to the body of prior judicial decisions used as a reference by judges when deciding on new cases. Court reporters group cases from the same court level together in publications known as "reporters". For example, decisions from the Supreme Court are published together in a reporter, separate from decisions made at the circuit or district level. This grouping facilitates easier access to relevant case law for legal professionals.
Additionally, some states have their own reporters, exclusively publishing the decisions of that state, while others rely on regional reporters that cover several states. For instance, the North Western Reporter includes decisions from Iowa, North Dakota, South Dakota, Nebraska, Minnesota, Wisconsin, and Michigan. Federal court decisions, on the other hand, may be accessed through subscription databases or free online resources, with United States Supreme Court decisions available in print reporters as well as digitised versions.
The work of court reporters is supported by stenographers and legal support services, ensuring the timely and accurate delivery of transcripts. Companies like Lexitas provide certified court reporters, real-time transcription services, and remote deposition capabilities, utilising advanced technology to facilitate seamless legal proceedings. Overall, court reporters play a vital role in the legal system, promoting transparency, accessibility, and efficiency in the administration of justice.
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Binding precedent
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in deciding 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. However, a court sitting in California (whether a federal or state court) is not strictly bound to follow the Fifth Circuit's prior 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 help guide the second court in reaching its own decision. Decisions by the U.S. Supreme Court are binding on all federal and state courts.
Published appellate court decisions are binding precedent on the district courts in that circuit. Decisions issued by U.S. circuit courts of appeals that are selected for publication are published in the Federal Reporter. The Federal Reporter is issued consecutively, meaning that each time a new group of decisions is ready to publish, a new volume of the reporter is printed. Decisions in reporters are typically published in the order in which they were decided.
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 Federal Supplement includes both decisions selected for publication ("published") and decisions not selected for publication ("unpublished"). Unpublished federal appellate court decisions generally lack precedential value, but they may be considered by courts as persuasive.
When reviewing law reports to cite valid case law, it is important for lawyers, paralegals, and students to understand the significance of learning how to navigate and analyse a law report swiftly. The judgment is only one part of a legal report. To apply the precedents stated in a report, judges must discern the "ratio decidendi", or the grounds for the decisions taken in previous cases. In cases where the reasoning is similar enough to lead to the same or similar conclusion, it is the reasons—and nothing else—that “link” subsequent cases.
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Frequently asked questions
Case law is precedent that has been set based on prior judicial decisions, rather than specific statutes or regulations.
The United States Supreme Court is the highest court in the United States.
Yes, decisions from the United States Supreme Court are published in reporters.
No, only cases selected for publication are published in the Federal Reporter. Unpublished cases are published in the Federal Appendix.
One example is U.S. v. Nixon (1974) which held that the President is not above the law.
