Applying Case Law: A Practical Guide For Beginners

Case law is a written record of a judge's reasoning or decision-making applied to a particular dispute. When deciding cases, judges interpret legislation and apply the doctrine of precedent, which means that the court must follow the decisions reached by a higher court in the same jurisdiction. Case law provides guidance on how laws should be interpreted and can be used to support your case and help the judge understand how to interpret the law in your favour. When using case law, it is important to use cases that support your claim and that have similar facts or issues to your case. It is also important to consider the level of the court and the location, as higher-level courts can change the decisions made by lower-level courts.

Understanding the role of precedent in case law

Precedent plays a crucial role in case law, and understanding its function is essential for legal professionals and those interested in the law. Precedent, from the Latin 'stare decisis', refers to the principle that courts should abide by past decisions, rulings, and opinions when interpreting legislation and deciding new cases. This doctrine is foundational to the American legal system and other common-law jurisdictions, providing consistency and predictability in the law.

In essence, precedent ensures that similar cases are decided in a similar way. When a court resolves a dispute, its decision becomes a historical example for future cases with similar legal issues or facts. This is known as a 'binding precedent', and lower courts are obligated to follow these precedents in subsequent cases. This hierarchical structure, known as vertical stare decisis, is a key feature of common-law systems, where higher courts take precedence over lower courts. For example, in the US, the Supreme Court's decisions are binding on all lower federal courts.

However, the role of precedent is not absolute. Courts may distinguish, modify, or even overrule precedents in certain circumstances. For instance, a court may find that the principles of a previous decision are specific to certain factual scenarios and, therefore, not applicable to a new case due to material differences in its facts. Additionally, a court can modify a precedent if instructed to do so by a higher court, or it may overturn a precedent if it finds the underlying principles erroneous or overtaken by new legislation.

While lower courts must adhere to binding precedents, they also have some flexibility. The concept of 'horizontal stare decisis' suggests that courts at the same appellate level should respect each other's decisions as persuasive precedent. This means that while not mandatory, these decisions can provide guidance and influence future rulings.

In conclusion, the role of precedent in case law is to provide a framework for deciding new cases based on past decisions. This ensures consistency and predictability in the law while allowing for evolution and flexibility to address changing social conditions and legal interpretations.

How to find case law

There are several ways to find case law, which is also known as precedent or common law. In common law systems, case law refers to the law that has been established by following decisions made by judges in earlier cases.

In the United States, case law can be found at both the federal and state levels. The United States Supreme Court is the highest court in the country, and its decisions are binding on all federal and state courts. Lower federal courts include the US Courts of Appeals, US District Courts, the US Court of Claims, the US Court of International Trade, and US Bankruptcy Courts. Federal courts hear cases involving matters related to the US Constitution, other federal laws and regulations, and certain matters that involve parties from different states or countries and large sums of money in dispute.

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 some exceptions. State courts generally hear cases involving state constitutional matters, state laws and regulations, and may also hear cases involving federal laws.

To find case law, you can refer to online databases, law libraries, or specific court opinions and resources. Here are some ways to find case law:

• Online Databases: Google Scholar and FindLaw offer extensive databases of state and federal cases. These databases provide access to US Supreme Court opinions, federal and state court opinions, and related commentary. You can search for specific cases, browse by jurisdiction, and utilize advanced search features to narrow your results.
• Law Libraries: Law libraries provide a wealth of resources for individuals representing themselves or seeking to learn about the law. They offer self-help legal books, law books, and practice guides that can help you find relevant case law. Librarians can also provide guidance and suggest helpful materials.
• Court Opinions and Resources: The US Federal Courts website provides access to reported opinions from the US Federal Courts of Appeals and Federal District Courts. Additionally, specific court websites, such as the US Supreme Court and US Courts of Appeals, offer opinions, resources, and search functions to help you find relevant case law.

By utilizing these resources, you can effectively find case law relevant to your specific legal issue or area of interest. Remember to consider the jurisdiction and precedents applicable to your situation when conducting your research.

How to read a case citation

A case citation is a reference to a legal authority. It is a standardised way of citing a case so that anyone using a law library can find the case easily.

A case citation is generally made up of the following parts:

• The names of the parties involved in the lawsuit. At the trial level, the first name refers to the plaintiff, and the second to the defendant. If the case is at the appellate level, the order may be reversed depending on which party is bringing the appeal.
• The volume number of the reporter containing the full text of the case.
• The abbreviated name of that case reporter.
• The page number on which the case begins.
• The year the case was decided.
• The name of the court deciding the case (this is not always included).

> Hebb v. Severson, 201 P.2d 156 (Wash. 1948).

In this example, Hebb and Severson are the parties in the case. The case can be found in volume 201 of the Pacific Reporter, Second Series, beginning on page 156. The case was decided by the Washington State Supreme Court in 1948.

The importance of case briefs

Case briefs are a vital tool for law students and practising lawyers alike. They are a necessary study aid that helps encapsulate and analyse the vast amount of material that law students must digest. A case brief is a written summary of a case, a synopsis of a court decision, and a tool for self-instruction and referencing.

The process of writing case briefs teaches the rules of law, as a decision is a record of the process of applying a legal rule to a set of facts. Briefs also familiarise the writer with the mechanism of how courts work, such as how trials are managed, what witnesses can say, and how evidence is used. They are a necessary skill for lawyers to master for their practice, as they are the weapons lawyers use, and they are only helpful when boiled down to a brief format.

The process of preparing a case brief involves reading the case carefully and thoroughly, then distilling the most important parts and restating them in your own words. This forces the writer to determine exactly what the courts said, which concepts and facts were essential to its decision, and the proper legal terminology and procedures. A good brief will be succinct and allow the writer to recall the information effectively.

The elements of a brief will vary depending on who you ask, but four essential elements are:

• Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)
• Issues (what is in dispute)
• Holding (the applied rule of law)
• Rationale (reasons for the holding)

The different types of case law research

Case law research is a complex process that involves interpreting many legal precedents and theories. There are two main types of case law research:

• Determining the case law that is binding or persuasive regarding a particular issue: This involves understanding the court hierarchy and the doctrine of precedents. For example, in the U.S. legal system, the doctrine of precedent, or stare decisis, means that a court must follow the decisions reached by a higher court in the same jurisdiction. This information can be found in primary sources of law, such as court opinions or decisions issued by federal or state courts.
• Gathering and analyzing the relevant case law: This involves searching for specific cases that apply the law to a set of facts in a particular way. This can be done through case law research tools, such as Lexis Cases, Westlaw Cases, and Bloomberg Court Opinions. These databases allow researchers to search for cases by jurisdiction, time period, and level of court.

It's important to note that case law research is not always a linear process. Researchers may need to go back and forth between primary and secondary sources to fully understand the legal issue and find the most relevant cases.

Additionally, it's crucial to verify that the case law being used is still considered "good law," as courts are constantly issuing new opinions. This can be done through the use of citators, which show subsequent cases that have cited a source and any negative history associated with it.

By following these steps and utilizing the available tools and databases, researchers can effectively navigate the different types of case law research and find the information they need to support their legal arguments.

Frequently asked questions