Understanding Case Law: How Precedents Are Set

Case law is a law based on precedents, or the judicial decisions of previous cases, rather than law based on constitutions, statutes, or regulations. Case law is derived from the decisions issued by judges in the cases before them in court. In general, a case becomes case law when a decision is made by a higher court in the same jurisdiction and lower courts choose to adhere to the precedent set forth by that higher court's ruling.

A higher court in the same jurisdiction makes a decision

Case law is law based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case.

In the US, there are two parallel court systems: one at the federal level and another at the state level. Both systems are divided into trial courts and appellate courts. Generally, trial courts determine the relevant facts of a dispute and apply the law to these facts, while appellate courts review trial court decisions to ensure the law was applied correctly.

When a court hears arguments from both sides in a case, it will often refer to other rulings and court opinions regarding the law or laws in question before issuing a decision. These existing rulings and legal precedents set by the judicial branch are collectively called case law.

Courts are required to follow the decisions of higher courts in the same jurisdiction. Accordingly, cases that are both from a higher court and in the same jurisdiction are considered mandatory authority.

For example, each district court falls under the jurisdiction of a circuit court, and the opinions of that circuit court will be binding on that district court. All federal courts and state courts are bound by the decisions of the US Supreme Court on US Constitutional and other issues of federal law.

State courts are typically bound by the decisions issued by the higher courts in that state. For instance, California trial courts are bound by the opinions issued by the California courts of appeals and the California Supreme Court. However, California courts are not bound by the decisions of other state courts, such as Arizona.

Therefore, a case becomes case law when a decision is made by a higher court in the same jurisdiction, and lower courts choose to adhere to the precedent set forth by that higher court's ruling.

Lower courts follow the precedent set by the higher court

In the U.S. legal system, the concept of stare decisis, a Latin term meaning "let the decision stand" or "to stand by things decided", is a foundational principle. It holds that courts and judges should honour precedent, or the decisions, rulings, and opinions from prior cases. This gives the law consistency and makes interpretations of the law more predictable.

Vertical stare decisis is the idea that the decisions of higher courts take precedence over the decisions of lower courts. This is deeply entrenched in the American legal system and is part of what makes the Supreme Court "supreme". Lower courts adhere to the precedent set by the higher court, creating consistency throughout the legal system. This is particularly important for rulings from the U.S. Supreme Court, as all lower federal and state courts must abide by these precedents.

For example, the U.S. Supreme Court's ruling in Brown v. Board of Education (1954) directly overruled the precedent of Plessy v. Ferguson (1893). Plessy held that "separate but equal" public accommodations did not violate the Constitution. However, the history of segregation in America proved that "separate" did not usually result in "equal". Recognising this, the Supreme Court in Brown v. Board of Education decided that racially segregated schools violated the Constitution, overturning the earlier precedent.

While lower courts adhere to the precedent set by higher courts, there are some nuances and limits to this. For instance, stare decisis may not be followed if it would lead to unjust outcomes. In such cases, judges may offer reasons or legal nuances to avoid following precedential decisions or to overturn prior rulings. Additionally, the Supreme Court has stated that stare decisis is not an "inexorable command", and in certain circumstances, such as when prior decisions are "unworkable or badly reasoned", the Court may choose not to follow precedent.

It is based on judicial decisions

Case law is based on judicial decisions, which are opinions or rulings issued by judges in courts. It is a collection of reported cases that form the body of law within a given jurisdiction. Case law is derived from the decisions made by judges in the cases that come before them in court. It is based on the concrete facts of a legal case that has been resolved by a court or similar tribunal.

Case law is distinguished from statutory law, which is written law passed by a legislature, and regulatory law, which is established by executive agencies based on statutes. Case law is also known as common law and refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.

The principle of stare decisis, a Latin phrase meaning "let the decision stand", guides judges to follow past decisions and established judicial authority when formulating their positions. This ensures consistency throughout the legal system. Judges at every level refer to precedents while hearing a case, and attorneys often refer to case law in their arguments.

Case law is particularly important in common law countries, including the United States, the United Kingdom, Canada, Australia, and others. In these countries, case law is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other adjudicatory bodies.

The process of creating case law involves courts interpreting statutes and applying precedents, considering how and why prior cases have been decided. This interpretation and application of the law by the courts can add to our understanding of the law and how it should be applied in specific cases.

It is based on concrete facts of a case

Case law is based on concrete facts of a case. It is a law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the detailed facts of a case. These past decisions are called "case law" or precedent.

Case law is also used interchangeably with common law and refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. Case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue relying on binding precedent. If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, which would be persuasive authority rather than binding authority.

Case law is derived from the decisions issued by judges in the cases before them in court. It adds to our understanding of the guidelines when the court interprets aspects of the guidelines that may be unclear or when the court makes a decision about how the guidelines should be applied to a case with a particular set of facts.

In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents that record how and why prior cases have been decided. Common law systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. According to stare decisis, all lower courts should make decisions consistent with the previous decisions of higher courts.

Case law is the law developed from judicial opinions or decisions over time. It is the body of law withing a given jurisdiction, based on judicial opinions by various courts, which may set future precedent. Courts in the United States adhere to stare decisis, which means that courts respect and adhere to the precedent of previous decisions.

It is a collection of reported cases

Case law is the collection of reported cases or judicial decisions that form the body of law within a given jurisdiction. It is based on the opinions of various courts, which may set future precedent.

Case law is derived from the decisions issued by judges in the cases before them in court. It adds to our understanding of the guidelines when the court interprets aspects of the guidelines that may be unclear or when the court makes a decision about how the guidelines should be applied to a case with a particular set of facts.

When a court hears arguments from both sides in a case, it will often refer to other rulings and court opinions regarding the law or laws in question before issuing a decision. These existing rulings and legal precedents set by the judicial branch of the government are collectively called case law.

Case law is based on judicial decisions, or precedents, rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written in the abstract.

Case law is also used interchangeably with common law. It refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue relying on binding precedent. If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, which would be persuasive authority rather than binding authority.

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