Cecily Zamora
Case law is a key component of the legal system and is based on precedents, or judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. In common law countries, including the United States, United Kingdom, Canada, and Australia, case law is used for judicial decisions of selected appellate courts, courts of first instance, and other bodies discharging adjudicatory functions. Judicial decisions are key to developing case law as each decision contributes to the body of legal precedents that shape future rulings. These precedents are binding and must be followed by lower courts. Case law helps establish new principles, redefine existing ones, and resolve any ambiguity, allowing for nuance to be incorporated into common law.
| Characteristics | Values |
|---|---|
| Nature of case law | Law based on judicial decisions and precedents |
| Basis of case law | Interpretation and application of existing laws to specific situations |
| Role in legal system | Provides guidance, consistency, and precedent for legal interpretations and rulings |
| Hierarchy of courts | Vertical stare decisis, where higher courts create binding precedent for lower courts |
| Jurisdiction | Applicable in common law countries, including the US, UK, Canada, Australia, etc. |
| Sources | Judicial opinions, statutory law, administrative law, and legal scholarship |
| Research tools | Print, microfiche, CD-ROM, electronic databases, and legal encyclopedias |
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What You'll Learn
The role of case law in civil and common law traditions
Case law plays different roles in civil and common law traditions, influencing the way that courts make their decisions. Common law, also known as case law, is a system of law based on precedents set by previous judicial decisions rather than law based on constitutions, statutes, or regulations. In common law traditions, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided. This is known as the doctrine of stare decisis, a Latin phrase meaning "let the decision stand". According to stare decisis, lower courts should make decisions consistent with the previous decisions of higher courts. 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 wider legal principles.
Civil law jurisdictions, on the other hand, tend to produce shorter decisions that refer only to statutes. This is because civil law jurisdictions adhere to the tradition that the reader should be able to deduce the logic from the decision and the statutes. In civil law traditions, such as those found in Nordic countries, case law is used to determine the applicability and limits of a law, rather than the creation of law as in common law jurisdictions. While civil law systems do not formally establish precedent, academic writings and doctrines play a significant role in the exposition of the law.
It is important to note that some legal systems, such as Scots Law in Scotland and civil law jurisdictions in Quebec and Louisiana, do not fit neatly into either the civil or common law tradition and are sometimes referred to as mixed systems of law.
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The influence of Anglo-American common law tradition
The Anglo-American common law tradition has had a significant influence on the legal systems of many countries, including the United States, Canada, Australia, New Zealand, and several others. This tradition is characterised by a reliance on precedent, with judicial decisions from previous cases serving as the basis for future rulings. This is known as the doctrine of stare decisis, or "let the decision stand".
In common law systems, courts interpret statutes and apply precedents, considering how and why prior cases have been decided. This is in contrast to civil law systems, where decisions are generally shorter and refer primarily to statutes. Common law courts generally provide a detailed explanation of the legal rationale behind their decisions, including citations of relevant legislation and previous judgments. This analysis, known as ratio decidendi, then becomes a precedent for future cases.
The Anglo-American common law tradition evolved from the decisions of the three great English courts of King's Bench, Common Pleas, and Exchequer, which became effectively independent by the end of the thirteenth century. The legal system of the United States, for example, is heavily influenced by the British legal system, with many fundamental principles of tort law and the presumption of innocence in criminal justice originating from English common law.
The influence of the Anglo-American common law tradition can also be seen in the structure of the US legal system. For instance, American jury trials are modelled after British jury trials, and the US Constitution is rooted in common law principles. Additionally, the common law is a dynamic process that allows for the growth and change of legal principles and rules through litigation and legislative enactment. This adaptability ensures that the law can keep pace with changing social conditions and policies.
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The federal court system
The intermediate appellate courts in the federal system are the United States Courts of Appeal, which are divided into 13 circuits. An appellate court hears appeals from parties seeking to change the result of a case heard at a trial court. They rule on questions of law rather than questions of fact.
The Supreme Court is the highest court in the federal system, and above it are the specialized courts.
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The doctrine of precedent
There are two types of precedent: binding and persuasive. A precedent is considered binding when it is established by a superior court higher in the hierarchy of courts. This means that lower courts are required to follow the decisions made by higher courts in similar cases. For example, in vertical stare decisis, the Seventh Circuit Court of Appeals follows the precedent set by the U.S. Supreme Court. Additionally, in horizontal stare decisis, a court adheres to its own previous rulings unless there is a valid reason to overrule them.
On the other hand, a precedent is persuasive when it is established by a superior court that is not higher in the hierarchy. In this case, the precedent should be seriously considered but is not mandatory to follow. For instance, decisions of superior overseas courts, such as those in the United Kingdom, are considered persuasive precedents in Australia.
However, it is important to note that the doctrine of precedent is not universally applicable. Civil law systems, such as those in Germany and France, tend to place more emphasis on legislation and codal provisions rather than detailed analysis of previous cases. Additionally, some mixed systems, like those in the Nordic countries, may have a unique approach that combines elements of both common law and civil law traditions.
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Case law and statutory law
Case law is a key component of the legal system in common law countries, including the United States, the United Kingdom, Canada, Australia, and others. It refers to law that is based on precedents set by judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law is developed by interpreting and applying existing laws to specific situations, thereby setting legal precedents that guide future rulings and interpretations of the law.
Statutory law, on the other hand, refers to codes or legislation enacted by legislative bodies. It represents the written laws that are passed by a governing body, such as a legislature, and established as governing rules of conduct within a particular jurisdiction. These laws are typically recorded in a code or statute book and are often broadly applicable to a range of situations.
In the United States, the federal court system is divided into 13 judicial circuits, with 11 covering various states and territories, one covering Washington, D.C., and the Federal Circuit, which handles specific types of appeals. The trial courts, where cases are initially filed, are called District Courts, and the highest court in each circuit is the Court of Appeals. While decisions from each Court of Appeals are mandatory authority for the lower courts within their respective circuits, they are not binding on other circuits. The U.S. Supreme Court, however, sets precedent that is binding on all other federal courts and state courts on matters of constitutional interpretation.
The distinction between case law and statutory law lies in their sources and the processes by which they are established. Case law emerges from judicial decisions and the interpretation of existing laws, while statutory law is created through the legislative process and represents the written laws enacted by governing bodies.
The interplay between case law and statutory law is complex. In common law systems, case law plays a significant role in shaping and evolving the legal system. It provides clarity and guidance to legal professionals by illustrating how laws are interpreted and applied in real-life situations. Case law also helps establish new principles, redefine existing ones, and resolve ambiguities within the law. However, statutory law also holds considerable weight, as even statutes must be read in conjunction with case law to determine their correct application. This interplay ensures that the law remains dynamic and adaptable to changing circumstances, promoting consistency and fairness in the legal system.
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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.
The US is a common law country, which means that its legal system is based on the English tradition of common law. In the US, case law is developed by interpreting and applying existing laws to specific situations 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, helping to ensure consistency in court rulings.
