Gavin Howe
Case law is a crucial component of the legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. It is the law established following a decision made by a judge or judges and is developed by interpreting and applying existing laws to specific situations. Case law plays a significant role in shaping the legal system and ensuring its evolution when necessary. It is based on prior rulings in the judicial system, which are known as precedents, and guides courts on how to rule on future decisions. In this context, the term stare decisis refers to the principle that decisions made by higher courts are binding on lower courts, promoting fairness and stability. While case law is essential, it is also dynamic and evolving, with decisions that were once solid potentially lacking in the present due to successive appeals and changes in interpretation.
| Characteristics | Values |
|---|---|
| Definition | Case law is a body of law that is developed from judicial opinions or decisions over time. |
| Basis | Case law is based on prior rulings in the judicial system, also known as precedent. |
| Importance | Case law is a crucial element of the legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. |
| Sources | Case law can be found in printed reporters, LexisNexis Academic, annotated codes, digests, and legal encyclopedias. |
| Hierarchy | The decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction. |
| Deviation | A court will typically deviate from precedent only if there is a compelling reason. |
| Common Law Courts | Common law courts generally explain the legal rationale behind their decisions, with citations of legislation and previous relevant judgments. |
| Civil Law Traditions | In civil law traditions, court decisions are historically brief and not amenable to establishing precedent, so much of the exposition of the law is done by academics. |
| Secondary Sources | Secondary sources, such as treatises, practice guides, legal encyclopedias, and law journal articles, are not binding but can be persuasive. |
| Primary Sources | Primary sources, such as case law, administrative law, federal and state statutes, and constitutions, are binding on a court when the jurisdiction and level of government are the same. |
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What You'll Learn
Case law and the role of judges
Case law, also used interchangeably with common law, is a law based on precedents. It uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law" or precedent. Stare decisis, a Latin phrase meaning "let the decision stand", is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication, for example, in criminal proceedings or family law.
The role of judges in case law is to ensure that rules are followed and that only proper evidence is heard. Judges must hold themselves to high standards. They must both be and appear to be fair and impartial. Because of this, judges are prohibited from overseeing cases where they may have a conflict of interest. For example, if the judge has a relationship with one of the litigants, it could be a conflict of interest. Judges cannot belong to or donate to a political party, and they must refrain from signing petitions.
In cases where there is a jury, the judge ensures that the rules are followed and that only proper evidence is heard. The jury decides which facts to believe and makes the decision in the case based on instructions from the judge. These instructions include an explanation of the laws that apply. They also include what the jury can consider when making their decision about the outcome of the case and the criminal sentence or civil remedy. Juries do not provide reasons for their decisions.
In common law systems, the law is expressed in an evolving body of doctrine determined by judges in specific cases, rather than in a group of prescribed abstract principles. The common law grows and changes over time. An important element of common law is stare decisis, which means that courts are bound to follow earlier decisions ("precedents"). Only the reason for the decision of the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning may be adopted in an argument. The weight given to any reported judgment may depend on the reputation of both the reporter and the judges.
In some jurisdictions, a judge may recommend an appeal if the court believes that developments or trends in legal reasoning render the precedent unhelpful and wishes to help the law evolve. If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority. This may happen several times as the case works its way through successive appeals.
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Common law vs civil law traditions
Case law is an important source of law in both common law and civil law traditions, albeit in different ways.
Common Law Tradition
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. It is a less prescriptive system, where the law is expressed in an evolving body of doctrine determined by judges in specific cases, rather than a group of prescribed abstract principles. Judges in common law traditions 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. The analysis, called ratio decidendi, then constitutes a precedent binding on other courts. Common law systems are found in countries that were former British colonies or protectorates, including the United States, the United Kingdom, Australia, Canada, India, and New Zealand.
Civil Law Tradition
Civil law systems, on the other hand, are generally more prescriptive. They rely less on case law and more on academic writings and established codes to guide their decisions. Court decisions in civil law traditions are historically brief and not formally binding, so much of the exposition of the law is done by academics rather than judges. This is called doctrine and may be published in treatises or journals. While civil law systems are generally associated with codified law, some countries, like those in the Nordic region, have a separate branch of civil law that plays a more important role than codified law systems.
In summary, while both common law and civil law traditions recognize the importance of case law, they differ in their reliance on it. Common law systems are heavily based on case law and judicial precedents, while civil law systems tend to rely more on academic writings and established codes, with case law playing a less prominent role.
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The role of academics in case law
Academics play a crucial role in the development and interpretation of case law, which is a system of law based on precedents and judicial decisions from previous cases. While the role of law professors has traditionally been more limited in common law than in civil law, this has evolved over time.
In civil law traditions, court decisions are typically brief and not formally relied upon to establish precedent. Therefore, much of the interpretation and exposition of the law are done by academics through doctrines published in treatises or journals. In contrast, common law courts historically relied less on legal scholarship. However, in recent times, academic writers have gained prominence in legal arguments and decisions, often being cited as persuasive authority. Judges may refer to academic works when adopting reasoning that other courts have not yet embraced or when they find an academic's restatement of the law particularly compelling.
Academics from various National Law Schools have directly assisted courts in dispensing justice. For example, the National Law University of Delhi has provided assistance to the Delhi High Court. Courts in India and the UK have also heavily relied on academic publications and observations in their judgments.
Secondary sources, often authored by academics, play a significant role in legal research. These sources provide up-to-date information and explanations of legal issues, helping researchers understand the broader context of a case or legislation. Textbooks, treatises, and legal encyclopaedias are examples of secondary sources. They are considered persuasive authority and are frequently cited in courts, especially when the authors are recognised as leading authorities in their respective fields.
By contributing to legal scholarship and providing insights through their writings, academics facilitate a deeper understanding of the law and its practical application. Their role extends beyond the theoretical realm, influencing judicial decisions and shaping the evolution of case law over time.
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Case law and the US federal system
Case law is an important source of law in the US federal system. The US Constitution does not explicitly define a federal court structure, but Article III establishes a Supreme Court and permits Congress to establish inferior courts. The US federal court system is split into three levels: the Supreme Court, the appellate courts (also known as circuit courts), and the district courts.
The US Supreme Court is the highest court in the federal system, and its decisions are binding on all federal and state courts. The Supreme Court typically hears cases when there are conflicting decisions across the country on a particular issue or when there is an egregious error in a case. The Supreme Court hears appeals from lower courts, but it is not required to hear every case that comes before it. Parties must file a "writ of certiorari", and the Court will decide whether to hear the case. The Supreme Court justices are appointed by the President and confirmed by the Senate, serving for life.
Below the Supreme Court, the US federal system has 13 appellate courts, also known as circuit courts. These courts hear appeals from district courts and issue decisions that act as binding precedent for the lower courts. In rare cases, the entire circuit court may consider an appeal in an "en banc" hearing, which carries more weight than a typical panel decision. Decisions by the circuit courts are published in the Federal Reporter, and the first three series are cited as "F.", "F.2d", and "F.3d", respectively.
The district courts, also known as trial courts, are the general trial courts of the federal court system. These courts are the first level of federal courts, where evidence and witnesses are presented. Decisions by the district courts are sometimes published in the Federal Supplement, and the first three series are cited as "F. Supp.", "F. Supp. 2d", and "F. Supp. 3d".
Case law research in the US federal system can be complex due to the parallel system of state and federal courts. Researchers can access case law through printed reporters, online databases, and free online resources. Some resources, such as LexisNexis Academic, allow users to search for cases by party name, case citation, or keyword. Other resources, like the Oyez Project, provide multimedia archives of Supreme Court proceedings.
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Case law and the UK court system
Case law is an important source of law in the UK court system, which operates within the common law tradition. In a common law system, the law is expressed in an evolving body of doctrine determined by judges in specific cases, rather than in a group of prescribed abstract principles. The common law grows and changes over time. An important element of common law is stare decisis, which means that courts are bound to follow earlier decisions ("precedents").
In the UK, the Law Reports, published by the Incorporated Council of Law Reporting for England and Wales, include four sub-series: Appeals Cases (Judgments of the Supreme Court, House of Lords, and Privy Council), Queen's Bench Division, Chancery Division, and Family Division (cases heard in these High Court divisions). The UK Supreme Court also publishes its cases on its website, including case summaries.
Case law research in the UK can be done through various online databases, such as vLex Justis, which contains the full text of current and historical reported and unreported cases from the UK dating back to 1163. Other databases include Justia, which provides access to federal and state case law, and the Oyez Project, a multimedia archive devoted to the US Supreme Court.
Attorneys use published case law as a means to interpret the law. 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. This analysis, called ratio decidendi, then constitutes a precedent binding on other courts. Further analyses, called obiter dicta, are not strictly necessary to the determination of the current case but constitute persuasive authority and may influence future decisions.
In the UK, the courts, including the Supreme Court, must interpret all existing legislation to be compatible with the European Convention on Human Rights (ECHR). If the court decides it is not possible to interpret legislation to be compatible with the ECHR, it will issue a 'declaration of incompatibility'. While this does not place a legal obligation on the government to amend or repeal the legislation, it sends a clear message to legislators that they should change the law to align with the human rights outlined in the ECHR.
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Frequently asked questions
Case law is a law that is established following a decision made by a judge or a group of judges. It is based on prior rulings in the judicial system, also known as precedent.
Case law is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary. This process sets a legal precedent that other courts are required to follow.
Case law is a crucial element of the legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. It plays a significant role in shaping the legal system and ensures it evolves when necessary.
Case law can be found in case reporters, which are specific to each court. Printed reporters and LexisNexis Academic are common sources for case law. Many websites also provide free access to case law.
There are two main types of case law: common law and civil law. Common law is based on judicial decisions and precedents, while civil law is based on a group of prescribed abstract principles. Some legal systems, such as Scots Law in Scotland, are considered mixed systems that draw from both common and civil law traditions.
