Gavin Howe
Case law is a collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial decisions and opinions, 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 adjudicatory bodies. The decisions made by judges in these courts set precedents that may be followed or distinguished by lower courts, contributing to the evolution of the law. While case law has traditionally been a major source of legal rules, the increasing government regulation and legislation in recent centuries have shifted the primary source of law in some countries, such as Australia. Nonetheless, understanding case law remains fundamental to legal research and practice.
| Characteristics | Values |
|---|---|
| Definition | Case law is the collection of reported cases that form the body of law within a given jurisdiction. |
| Basis | Precedents, judicial decisions, opinions, and reasons for those decisions. |
| Sources | Primary sources of law are constitutions, statutes, regulations, and cases. |
| Types | Authorised and unauthorised reports. Authorised reports are cases where the judgment is checked by the judge before publication. |
| Hierarchy | The courts are arranged in a hierarchy, with appeals from lower courts going to a higher court. |
| Binding nature | Courts are not bound by a decision that is not a binding precedent. Generally, lower courts follow the decisions of higher courts in their jurisdiction. |
| Evolution | Courts may overturn their own precedent if developments or trends in legal reasoning render it unhelpful, to help the law evolve. |
| Jurisdiction | Applicable in common law countries including the UK, US, Canada, Australia, New Zealand, South Africa, etc. |
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What You'll Learn
- Case law is a collection of reported cases that form the body of law within a given jurisdiction
- Case law is based on precedents, or judicial decisions from previous cases
- In common law countries, case law is used for judicial decisions of selected appellate courts, courts of first instance, and agency tribunals
- Case law can be found in printed volumes or digital formats
- Case law is distinct from statutory law and regulatory law
Case law is a collection of reported cases that form the body of law within a given jurisdiction
Case law is an important source of law, especially in common law countries such as 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 bodies with adjudicatory functions. The common law tradition involves courts interpreting statutes and applying precedents, which outline how and why previous cases have been decided.
The principle of stare decisis, a Latin phrase meaning "let the decision stand" or "to stand by things decided", is central to case law. It dictates that judges should adhere to past decisions and draw on established judicial authority to formulate their positions. In other words, courts should respect and follow the precedent of previous decisions, particularly those made by higher courts. For example, a decision by the United States Supreme Court is binding precedent in all federal courts. However, a court does not have to stand by a decision that is not a binding precedent, and it may deviate from precedent if there is a compelling reason.
Case law research can be complex, especially in federal systems with parallel state and federal courts, such as in the United States. Researchers often need to determine whether an issue is inherently federal or state, and they may need to conduct both state and federal analyses. Cases are published in chronological order in books called reporters, and they are now available in both print and digital formats.
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Case law is based on precedents, or judicial decisions from previous cases
Case law is a collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial decisions from previous cases, also known as precedents. In other words, case law is the law developed by judges, usually those in superior courts and tribunals. When a case comes before a court, the parties involved present the evidence they need to support their case. The judge listens to the evidence, decides what evidence is relevant, determines what facts have been proven, decides what law is relevant, and applies that law to the facts in making a decision. This decision is binding on the parties.
Case law is distinguished from statutory law, which is created by legislative bodies, and regulatory law, which is established by executive agencies based on statutes. 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. Judges may refer to various types of persuasive authority to decide a case, including widely cited non-binding sources such as legal encyclopaedias.
The doctrine of stare decisis, a Latin phrase meaning "let the decision stand" or "to stand by things decided", represents the principle by which judges are bound to past decisions. Under this doctrine, a court must follow earlier decisions when the same points arise again in litigation. A notable example of when a court overturned its precedent is the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it and other courts had misapplied the law for nearly 30 years.
In some jurisdictions, case law can be applied to ongoing adjudication, such as criminal proceedings or family law. For example, in the United States, the Supreme Court creates binding precedent that all other federal courts must follow, and all state courts must follow on questions of constitutional interpretation.
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In common law countries, case law is used for judicial decisions of selected appellate courts, courts of first instance, and agency tribunals
Case law is a source of law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. It is a body of law developed from judicial opinions or decisions over time, with the presiding judge determining which precedents to apply in deciding each new case. In common law countries, case law is used for judicial decisions of selected appellate courts, courts of first instance, and agency tribunals.
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common law is largely based on precedent—judicial rulings made in previous similar cases. It is deeply rooted in stare decisis, a Latin phrase meaning "to stand by things decided", where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision.
Further analyses not strictly necessary to the determination of the current case are called obiter dicta, which constitute persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes. The reason for this difference is that civil law jurisdictions adhere to a tradition that the reader should deduce the logic from the decision and the statutes.
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Case law can be found in printed volumes or digital formats
Case law is a collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial opinions and decisions, which may set future precedent. Case law can be found in printed volumes or digital formats, with the latter becoming increasingly prevalent and accessible.
Printed volumes of case law, also known as law reports or case reporters, have traditionally been the primary means of publishing judicial decisions. These volumes contain the text of judgments from various courts and tribunals and are arranged chronologically. Each case in a printed volume typically includes a summary, known as a headnote, outlining the key facts and legal principles. Printed volumes are published by commercial legal publishers and may include authorised and non-authorised law reports. Authorised law reports are those that have received official approval from the judiciary within a particular jurisdiction.
However, with the advent of digital technologies, case law is increasingly available in electronic formats. Court websites, online databases, and legal research platforms offer convenient access to case law. These digital formats provide users with efficient search and retrieval capabilities, allowing for quicker access to relevant cases and information. Additionally, some courts initially release their opinions in individual pamphlets called slip opinions before they are published in case reporters.
The availability of case law in digital formats has transformed legal research, making it more accessible and efficient for legal professionals, academics, and the general public. Online databases often provide advanced search functions, allowing users to locate specific cases, conduct keyword searches, and filter results based on various criteria, such as jurisdiction or date. Some notable examples of online databases for case law include LexisNexis, Westlaw, and free legal information websites like AustLII or Jade.
It is worth noting that while digital formats offer enhanced accessibility, printed volumes still hold significance. They are often comprehensive, providing in-depth analysis and additional context through headnotes and summaries. Legal professionals and scholars may refer to printed volumes for their thorough treatment of complex cases and the ability to physically annotate and compare multiple volumes side by side.
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Case law is distinct from statutory law and regulatory law
Case law, also referred to as common law, is a collection of judicial decisions from previous cases that form the body of law within a given jurisdiction. It is based on precedents, which are the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are considered binding and are referred to as "case law" or "precedent".
Regulatory law, on the other hand, is established by executive agencies based on statutes. It involves the creation of rules and regulations by government agencies to implement and enforce statutory laws. These agencies have the authority to interpret and enforce the statutes within their area of expertise.
Case law, statutory law, and regulatory law are all crucial components of the legal system, but they differ in their sources and processes. Case law is developed by judges through their decisions in individual cases, creating precedents that guide future cases. Statutory law, in contrast, is created through the legislative process, where laws are proposed, debated, and enacted by elected representatives. Regulatory law is then derived from statutory law, with executive agencies interpreting and implementing the statutes through regulations.
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Frequently asked questions
Case law is the collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial decisions from previous cases, also known as precedents, rather than law based on constitutions, statutes, or regulations.
Judges use case law as a reference for deciding on new cases. They consider the rules applied in previous cases and either follow the same legal principles or apply a new meaning to that area of law.
Generally, a court will follow a precedent unless there is a compelling reason not to. A lower court may not rule against a binding precedent, even if it disagrees with it, but it may express the hope that a higher court or the legislature will reform the rule.
