Kara Sears
Case law is law based on judicial decisions rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case. Case law is also used interchangeably with common law and refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue relying on binding precedent. While case law is published by the government, not all opinions of a court are published and/or reported. Most courts have rules about the citation of unpublished opinions.
| Characteristics | Values |
|---|---|
| Is all case law published by the government? | No, not all case law is published. |
| What is case law? | Law based on judicial decisions rather than law based on constitutions, statutes, or regulations. |
| What is it interchangeable with? | Common law or precedent. |
| Who publishes case law? | Decisions are published in serial print publications called "reporters" and are also published electronically. |
| Who publishes federal court decisions? | Published in the Federal Reporter, Federal Supplement, and Federal Appendix. |
| Are all federal court decisions published? | No, not all federal court decisions are published. |
| Are published and unpublished opinions of a court treated the same way? | No, published opinions are viewed as more persuasive than unpublished opinions. |
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What You'll Learn
Case law search engines
One prominent example is Lexis, a comprehensive legal research platform. Lexis provides access to a wide range of legal sources, including case law, statutes, regulations, and more. It is widely used by legal professionals and academics for its extensive coverage of American case law. Another similar tool is Westlaw, which also offers a vast collection of case law and legal resources. Both Lexis and Westlaw are known for their powerful search capabilities, allowing users to conduct Boolean searches and find specific cases and information efficiently.
In addition to commercial platforms like Lexis and Westlaw, there are also free online resources for case law research. The Library of Congress, for instance, provides guides and resources for locating and identifying judicial decisions from U.S. courts. Their website offers a wealth of information on federal court decisions, including links to online content and bibliographic details. Similarly, websites like Justia provide access to U.S. case law, court opinions, and decisions, making legal information more accessible to the public.
It is worth noting that case law search engines may have different coverage and features. While some focus specifically on published cases and binding precedents, others may also include unpublished opinions and persuasive authority. Additionally, some search engines cater to specific jurisdictions, such as federal or state courts, while others offer a more comprehensive view of American case law. It is important for researchers to understand the scope and limitations of each search engine to conduct effective legal research.
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Federal court decisions
The U.S. Supreme Court is the highest court in the federal system and its decisions are binding on all federal and state courts. Supreme Court opinions are the only federal opinions published in official case reporters, such as the United States Reports, which are available on the U.S. Supreme Court's website from 1991 onwards. Earlier volumes of the Reports, dating back to 1754, can be accessed through the Library of Congress.
Decisions from the U.S. Courts of Appeal (Circuit Courts) are published in unofficial reporters, such as the Federal Reporter, and are binding on the District Courts within the Circuit. Decisions from the U.S. District Courts (trial courts) are published in unofficial case reporters, such as the Federal Supplement. These decisions are not binding but may be considered persuasive by other courts.
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State court decisions
Case law is based on judicial decisions rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case. Each branch of government produces a different type of law. Case law is the body of law developed from judicial opinions or decisions over time.
Some states have official reporters that print and publish the decisions of their supreme and appellate courts. For example, Virginia has the "Virginia Reports" for its Supreme Court decisions and the "Virginia Court of Appeals Reports" for its Court of Appeals decisions. Similarly, California and New York have their own single-state reporters. On the other hand, some states, like Iowa, do not have an official state reporter and instead designate a private company, such as West, as the official reporter of their court decisions.
West's National Reporter System compiles state appellate court decisions from specific regions of the country into "regional" reporters. For instance, the Southern Reporter covers appellate decisions from Alabama, Florida, Louisiana, and Mississippi. These regional reporters are issued in series, with each series representing a different group of states. These reporters provide a comprehensive collection of state court decisions, making it convenient for legal professionals and researchers to access and reference these judicial opinions.
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Binding precedent
Case law is based on judicial decisions and concerns unique disputes resolved by courts using the concrete facts of a case. It is also referred to as common law and refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. Case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will rely on binding precedent.
The concept of binding precedent ensures consistency and predictability in the law and helps to develop a body of law that can be relied upon by lawyers and judges. It also promotes efficiency by providing guidance on how to decide similar cases.
The strength of a precedent depends on the court that decided the previous case. Under "vertical" stare decisis, the decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction. For example, the U.S. Supreme Court creates binding precedent that all other federal courts must follow. Similarly, the highest court in a state creates mandatory precedent for the lower state courts.
In some cases, a court may deviate from a binding precedent if there is a compelling reason. This may occur if the previous case was incorrectly decided or if the facts of the current case are materially different. Judges must discern the "ratio decidendi," or the grounds for the decisions taken in previous cases, to apply the precedents accurately.
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Persuasive precedent
Case law is law based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
Courts often turn to decisions from other jurisdictions for guidance, especially when interpreting unclear laws or addressing "cases of first impression", where no prior binding authority exists and the court must determine the applicable law for the first time. Persuasive precedent can also refer to dicta from rulings by higher courts. For example, in Australia, decisions of superior overseas courts, such as those from the United Kingdom, serve as persuasive precedent.
The ratio decidendi ("the reason for the decision") refers to the key factual element or line of reasoning in a case that forms the basis for the court's final judgment. It forms the basis for a court decision and creates binding precedent. This distinguishes it from obiter dicta (non-binding observations or comments), which are comments, suggestions, or observations made by a judge that are not necessary to resolve the case at hand. While not legally binding on other courts, such statements may be cited as persuasive authority in subsequent litigation.
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Frequently asked questions
No, not all case law is published by the government. While case law is the body of law developed from judicial opinions or decisions over time, not all opinions of a court are published and/or reported.
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding on issues before them.
Decisions issued by U.S. circuit courts of appeals (the intermediate level of appeal in the federal system) that are selected for publication are published in the Federal Reporter. Published appellate court decisions are binding precedent for the district courts in that circuit.
