Cameron Miranda
Case law refers to existing rulings and legal precedents set by the judicial branch of a government. When a court hears arguments from both sides in a case, it often refers to other rulings and court opinions regarding the law in question before issuing a decision. A ruling is a court's decision on a matter presented in a lawsuit. It could refer to a judgment, which can be final or non-final, or a court's decision on a party's motion or application for a writ. In common law traditions, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided. Lower courts are generally bound by the decisions of higher courts, and these precedents ensure consistency throughout the legal system.
| Characteristics | Values |
|---|---|
| Case law | Existing rulings and legal precedents set by the judicial branch of the government |
| Ruling | A court's decision on a matter presented in a lawsuit |
| Common law tradition | Courts interpret statutes and apply precedents to decide the law applicable to a case |
| Stare decisis | Doctrine by which courts are bound by their previous decisions in similar cases |
| Civil law tradition | Court decisions are brief and not amenable to establishing precedent; exposition of the law is done by academics |
| Common law courts | Explain the legal rationale behind their decisions, with citations of legislation and previous judgments |
| Civil law jurisdictions | Decisions are shorter, referring only to statutes |
| Appellate court decisions | Used as future precedent and published in sources specific to that court |
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What You'll Learn
- Common law courts explain the legal rationale behind decisions, citing previous judgments
- Civil law jurisdictions' decisions are shorter, referring only to statutes
- Case law refers to existing rulings and legal precedents set by the judicial branch
- A ruling is a court's decision on a matter presented in a lawsuit
- Common law systems follow the doctrine of stare decisis, where courts are bound by previous decisions
Common law courts explain the legal rationale behind decisions, citing previous judgments
In common law systems, courts explain the legal rationale behind their decisions by citing previous judgments and interpreting statutes and wider legal principles. This is known as case law. Case law is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments. This detailed analysis is called ratio decidendi, and it constitutes a precedent that is binding on other courts.
Common law systems follow the doctrine of stare decisis, which means that 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. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions. However, the Supreme Court of the United Kingdom can deviate from its earlier decisions, although it rarely does. Stare decisis is a Latin phrase meaning "let the decision stand" or "to stand by things decided," and it is a principle that directs courts to adhere to previous judgments as they have persuasive and binding authority while resolving a case with allegedly comparable facts.
The concept of stare decisis lessens the need for subsequent litigation and saves time and energy for the judiciary by preventing the need to continually decide the same legal question or issue if it has already been decided in another case. It also helps to prevent bias and arbitrary decision-making in legal matters. While stare decisis is a guiding principle, there are times when courts may choose not to follow it. For example, if a court believes that developments or trends in legal reasoning have rendered the precedent unhelpful, it may hold that the precedent is inconsistent with subsequent authority or that there is a material difference between the facts of the cases. In some cases, a court may overturn its own precedent if it is found to be "unworkable or badly reasoned," particularly in constitutional cases.
In addition to citing previous judgments, common law courts may also cite academic writers as persuasive authority, especially when attempting to implement reasoning that other courts have not yet adopted or when the judge believes the academic's restatement of the law is more compelling than can be found in case law.
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Civil law jurisdictions' decisions are shorter, referring only to statutes
In common law jurisdictions, such as England and the US, the emphasis is on seeking a reorganisation rather than a liquidation to keep a business as a going concern. Common law courts also generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles.
By contrast, civil law jurisdictions' decisions are generally shorter, referring only to statutes. This is because civil law jurisdictions adhere to the tradition that the reader should be able to deduce the logic from the decision and the statutes. In civil law systems, there is less emphasis on setting out all the terms governing the relationship between the parties to a contract in the contract itself as inadequacies or ambiguities can be resolved by operation of law.
The two main types of legal system in the world are common law and civil law, with most countries adopting features from one or the other into their own legal systems. Common law systems include the United Kingdom, United States, Canada, Australia, New Zealand, South Africa, Singapore, Ireland, India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Israel, Hong Kong, and formerly British colonies or protectorates.
Civil law systems include the Nordic countries, although these are sometimes counted separately from the civil law tradition. In Sweden, for example, case law arguably plays a more important role than in some of the Continental codified law systems. The two highest courts, the Supreme Court and the Supreme Administrative Court, have the right to set precedent, which is binding in practice, though not formally.
In common law traditions, courts decide the law applicable to a case by interpreting statutes and applying precedents, which 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.
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Case law refers to existing rulings and legal precedents set by the judicial branch
In common law traditions, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided. 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 the wider legal principles. The necessary analysis (called ratio decidendi) then constitutes a precedent binding on other courts.
In civil law jurisdictions, decisions are generally shorter, referring only to statutes. This is because civil law jurisdictions adhere to the tradition that the reader should be able to deduce the logic from the decision and the statutes. In these systems, much of the exposition of the law is done by academics rather than judges.
When a court hears arguments from both sides in a case, it will often refer to other rulings and court opinions regarding the law in question before issuing a decision. These existing rulings and legal precedents set by the judicial branch are collectively called case law. It is the duty of the courts to interpret laws written by the legislative branch of government. After a bill is signed into law, it stands to be tested in the courts. Courts have the power to interpret the law and rule on whether it is constitutional.
Case law ensures consistency throughout the legal system, and it is the reason why the decisions of higher courts, such as the U.S. Supreme Court, are given such great attention. All lower courts must abide by the precedents set by higher courts, and these key decisions can affect the rights of citizens for years to come.
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A ruling is a court's decision on a matter presented in a lawsuit
In the common law tradition, courts decide on the law applicable to a case by interpreting statutes and applying precedents, which are records of how and why previous cases have been decided. Common law systems follow the doctrine of stare decisis, meaning that most courts are bound by their previous decisions in similar cases. For example, lower courts should make decisions consistent with the previous decisions of higher courts. Precedents can be binding, meaning they must be followed, or influential, which means they don't have to be followed but can be considered when making a decision.
When a court makes a ruling, it may explain the legal rationale behind its decision, citing legislation and previous relevant judgments and interpreting wider legal principles. This analysis is called ratio decidendi and constitutes a precedent binding on other courts. Further analyses, called obiter dicta, are not necessary to the current case but can be cited as persuasive authority.
In civil law traditions, court decisions are typically shorter and refer only to statutes, with the understanding that the reader should deduce the logic from the decision and the statutes. Civil law systems also rely more on academic writing and doctrine developed by legal scholars to interpret the law, rather than relying primarily on judicial precedent.
It's important to note that a ruling is not the same as a law. While a ruling can set a precedent and guide future decisions, it does not create a new law. The process of creating and changing laws is typically a legislative function, involving lawmakers and a different set of procedures.
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Common law systems follow the doctrine of stare decisis, where courts are bound by previous decisions
In common law systems, courts interpret statutes and apply precedents to decide on the applicable law for a case. These precedents are created when courts explain the legal rationale behind their decisions, including the wider legal principles, legislation, and previous relevant judgments that influenced the ruling. This analysis is called the ratio decidendi, and it constitutes a precedent that binds other courts.
Common law systems follow the doctrine of stare decisis, which means "to stand by things decided" in Latin. According to stare decisis, courts are bound by their previous decisions and should make rulings consistent with those of higher courts. For example, in England, the High Court and the Court of Appeals follow their own previous decisions. However, the Supreme Court may deviate from its earlier rulings, although it rarely does so. An example of the court overturning its precedent is the case of R v Jogee, where the Supreme Court ruled that English and Welsh courts had misapplied the law for nearly 30 years.
The doctrine of stare decisis promotes the consistent development of legal principles and fosters reliance on judicial decisions. It adds to the integrity of the judicial process by lessening the potential for bias and arbitrary decision-making. Stare decisis also reduces the need for subsequent litigation, saving time and resources for the judiciary.
While stare decisis guides most common law systems, civil law systems operate differently. In civil law traditions, court decisions are typically brief and not formally considered precedents. Instead, the exposition of the law is often done by academics through doctrines published in treatises or journals. However, in some civil law systems, such as Sweden, case law plays a significant role, and the highest courts' decisions are considered binding precedent in practice.
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Frequently asked questions
A case ruling is a court's decision on a matter presented in a lawsuit.
Case law refers to existing rulings and legal precedents set by the judicial branch of the government. Case law ensures consistency throughout the legal system.
When a court hears arguments from both sides in a case, it refers to other rulings and court opinions regarding the law or laws in question before issuing a decision. Case law is based on prior judicial decisions rather than specific statutes or regulations.
Case rulings are based on existing laws and help set precedents for future rulings but they are not laws themselves.
