Kara Sears
In the legal world, access to information is critical to understanding your rights and responsibilities. Case law is an essential aspect of the legal system, influencing how judges interpret statutes and apply precedents. It involves understanding how courts have interpreted and applied laws in previous cases, which can guide future rulings. Common law, a system used in various jurisdictions, relies on unwritten laws and legal precedents, while civil law provides a codified set of legal statutes. Judicial authorities use case law to evaluate the facts and make legislative decisions, aiming for consistent outcomes. Online resources, such as FindLaw and Justia, offer free access to case law, including court decisions, codes, and regulations, empowering individuals to navigate legal issues effectively.
| Characteristics | Values |
|---|---|
| Basis | Common law is a body of unwritten laws based on legal precedents. |
| Influence | Common law influences the decision-making process in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. |
| History | The U.S. common-law system evolved from a British tradition that spread to North America during the 17th and 18th centuries. |
| Marginalization | Historically, common law has led to the unfair marginalization or disempowerment of certain groups, such as 19th and early 20th-century feminists fighting for women's rights. |
| Precedent | Judges may refer to various types of persuasive authority, including widely cited non-binding sources like legal encyclopedias, to decide a case. |
| Stare decisis | Common law systems follow the doctrine of stare decisis, where courts are bound by their previous decisions in similar cases. |
| Appeals | If a lower court ruling goes against precedent and is not appealed, the decision stands. |
| Evolutionary process | As cases move through successive appeals, new precedents of higher authority can be set, as demonstrated by Lord Denning's concept of estoppel in the High Trees case. |
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What You'll Learn
Civil law vs. common law
Civil law and common law are the two main types of legal systems in the world. Most countries adopt features from one or the other into their own legal systems.
Civil law, rooted in the Roman Empire, is a comprehensive, codified set of legal statutes created by legislators. Civil codes clearly define the cases that can be brought to court, the procedures for handling claims, and the punishment for an offence. Civil law is regularly updated, and the goal of standardized codes is to create order and reduce bias in systems where laws are applied differently from case to case.
Common law, on the other hand, is a body of unwritten laws based on legal precedents established by the courts. It draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common law originated in medieval England and evolved from a British tradition that spread to North America during the 17th and 18th centuries. Common law systems are less prescriptive than civil law systems, and judicial decisions are binding. Common law is similar to civil law in that it aims to establish consistent outcomes by applying the same standards of interpretation.
In a civil law jurisdiction, unless the contract specifies that the parties have agreed to arbitration, the contract will be enforced by the administrative courts. In contrast, common law systems imply few provisions into contracts, so it is important to set out all the terms governing the relationship between the parties in the contract itself.
Louisiana is the only U.S. state whose private civil law is based heavily on French and Spanish codes, rather than English common law.
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Precedent and the role of judges
Judges play a crucial role in interpreting and applying precedents to the cases they adjudicate. They present the precedents that apply to a case, significantly influencing the criteria and framework through which a jury interprets the facts and evidence. This power to shape the interpretation of a case is an essential aspect of the judicial function.
The principle of stare decisis, or "to stand by decided matters," is a cornerstone of the common law system. It means that judges are bound to follow the decisions of higher courts and previous rulings in similar cases. This principle ensures consistency and predictability in the law, allowing for the development of a coherent body of law over time. Judges must carefully consider the facts and legal principles of past cases to determine if they are relevant and persuasive in the matter before them.
However, the role of judges is not merely passive in accepting past precedents. Judges also have the power to shape the law by distinguishing, overruling, or developing precedents. When faced with unique or novel situations, judges may interpret and apply precedents creatively to fill gaps in the law. In some instances, judges may even overturn past decisions or precedents that are outdated, unjust, or no longer reflect the current societal values. This power of judicial review allows the law to adapt and evolve, ensuring that it remains responsive to the needs and values of the community it serves.
In conclusion, the role of judges in coding law cases is multifaceted and complex. They must navigate the tension between adhering to established precedents and adapting the law to address new challenges and societal changes. This delicate balance ensures the stability and fairness of the legal system while allowing for its growth and evolution.
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Using legal encyclopedias
Legal encyclopaedias are an excellent starting point for legal research, offering a broad and general overview of a wide range of federal and state law. They are particularly useful when researching unfamiliar areas of law, providing summaries of the basic law in a particular subject area, along with key terminology. They also provide citations to relevant cases, statutes and regulations, as well as relevant law review articles.
The two major US legal encyclopaedias are American Jurisprudence 2d (Am. Jur. 2d or AmJur) and Corpus Juris Secundum (CJS). Both are multi-volume sets, organised alphabetically by legal topics, and are published by Thomson Reuters (West). AmJur is available in both Lexis and Westlaw, while CJS is only available in Westlaw. AmJur also includes a volume entitled "Table of Laws and Rules", which provides cross-references to sections of the United States Code Annotated and the Code of Federal Regulations, which can be useful for finding further case citations. AmJur also features a popular name table, which allows researchers to find legislative acts by their popular name. Both sets include references to Topics and Key Numbers from the West American Digest System.
Legal encyclopaedias are not considered authoritative sources of the law and are generally not cited in court documents or scholarly articles. However, they are useful for creating better online keyword searches. When using a print legal encyclopaedia, it is best to start by searching for your terms in the index volumes at the end of the set, rather than in the main volumes, as the main volumes are arranged alphabetically by major topic.
In addition to AmJur and CJS, there are several other legal encyclopaedias and resources that can be useful. Zimmerman's Research Guide (LexisNexis) is an online encyclopaedia and collection of research guides. Westlaw also includes an encyclopedia of American Law.
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Court hierarchy and appeals
The federal court system in the United States has three main levels: district courts, circuit courts, and the Supreme Court. District courts, also known as trial courts, are the starting point for any case arising under federal statutes, the Constitution, or treaties. There are 94 district courts across the country.
The 13 circuit courts, also known as appellate or appeals courts, are the first level of appeal. Each circuit has its own court of appeals that reviews cases decided in district courts within the circuit. These courts do not retry cases, hear new evidence, or hear witnesses testify. Instead, a panel of three judges determines whether the law was applied correctly by the lower court.
The Supreme Court of the United States is the highest court in the nation and the final level of appeal in the federal system. The Supreme Court hears oral arguments in fewer than 100 cases annually, as most court of appeals decisions are final and binding on lower courts within the same circuit.
In addition to the standard 12 regional circuits, there is a 13th court of appeals, the U.S. Court of Appeals for the Federal Circuit. This court has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the U.S. Court of International Trade and the U.S. Court of Federal Claims.
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Annotated codes and statutes
The annotations within these codes serve as a guide to understanding the context and implications of the law. They provide a wealth of information, such as case citations, that help researchers trace the evolution of legal interpretations and applications over time. These annotations are selected and presented by each publisher using their algorithms and editorial processes, resulting in unique annotations for each publication.
Unannotated codes, in contrast, offer a more concise view of the law. They include the text of the statutes and historical notes that provide context on their origin and any amendments. While unannotated codes provide a clear picture of the statute itself, annotated codes offer a more in-depth exploration by connecting the statute to its broader legal context.
When conducting legal research, it is advisable to use an unofficial annotated code, which provides a more comprehensive understanding of the law. These annotated codes are widely available through major online subscription services, each with its own annotated code and full-text keyword search capabilities. Researchers can utilize the Table of Contents feature to navigate related sections and gain a broader understanding of the statute in its legal context.
It is important to remember that statutes are not standalone documents but part of a broader framework. Therefore, the annotations in an annotated code can vary significantly, and researchers should be mindful of this when reviewing and interpreting the information presented. While the statutory language remains consistent, the annotations may differ, and researchers should consult multiple sources to ensure a comprehensive understanding of the statute and its interpretations.
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Frequently asked questions
Case law refers to the process of using past decisions made by judges or courts to interpret current cases and make rulings.
Case law is a broader term referring to any use of past cases to inform present ones. Common law is a specific type of case law that uses unwritten laws and legal precedents to guide rulings when the outcome cannot be determined by written rules.
There are several online resources that provide access to case law, including Justia Law, FindLaw, and Westlaw. These sites offer free access to federal and state court decisions, codes, and regulations.
Judges may refer to various types of persuasive authority, such as legal encyclopaedias or the published work of legal bodies, to interpret and apply precedents to the current case. They consider the facts and legal principles of past cases to guide their rulings.
