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. In common law countries, including the UK, US, and Canada, case law is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions. Case law is also known as common law and refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
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What You'll Learn
Case law is based on judicial decisions
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. Common law systems follow the doctrine of stare decisis, which means that courts are generally bound by their own previous decisions and those of higher courts in similar cases. This doctrine ensures consistency in the legal system, as lower courts must abide by the precedents set by higher courts.
Case law is particularly concerned with unique disputes resolved by courts using the concrete facts of a case. The legal rationale behind decisions is explained in detail, with citations of legislation and previous relevant judgments, often interpreting wider legal principles. This analysis, known as ratio decidendi, constitutes a precedent for other courts. Further analyses, known as obiter dicta, are not necessary for the determination of the current case but can provide persuasive authority.
Case law is published in print and electronic reporters, and attorneys use published case law to interpret the law. Researchers can locate cases by subject and jurisdiction using digests, which also provide short summaries of the legal points discussed. Annotated codes, such as the United States Code Annotated, are another useful resource for finding cases on a particular topic or statute.
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Common law systems follow the doctrine of stare decisis
Case law is a collection of past legal decisions made by courts and tribunals, which can be used as precedents for future similar cases. One of the key principles of case law is the doctrine of stare decisis, which is Latin for "to stand by things decided". This doctrine is particularly relevant in common law systems, where it is followed strictly.
The doctrine of stare decisis dictates that judges must adhere to past judicial decisions when similar cases arise. In other words, it establishes a precedent that must be followed in subsequent cases involving similar facts or legal issues. This principle fosters consistency and predictability in legal decision-making, ensuring that similar cases are treated in a similar manner. It also adds to the integrity of the judicial process by reducing the potential for bias and arbitrary decision-making.
Stare decisis can be further categorized into horizontal and vertical stare decisis. Horizontal stare decisis refers to a court following its own prior decisions, unless there are exceptional circumstances. For example, the Supreme Court of the United States will generally follow its own legal precedents, unless it becomes too difficult for lower courts to apply. On the other hand, vertical stare decisis obligates lower courts to strictly adhere to the rulings made by higher or appellate courts within the same jurisdiction. For instance, a federal court of appeals in the United States must follow the decisions of the U.S. Supreme Court, which is the highest court in the land.
While stare decisis is a fundamental principle in common law systems, it is not without its limitations. Judges may sometimes offer legal nuances or reasons to avoid following precedents or to overturn prior rulings. This may occur when the interpretation of a previous decision no longer aligns with the current societal context due to changes in technology, demographics, or other factors. For example, in the famous case of Brown v. Board of Education (1954), the Supreme Court overturned the precedent set by Plessy v. Ferguson (1893), recognizing that racial segregation in schools did not result in equal treatment.
In conclusion, common law systems adhere strongly to the doctrine of stare decisis, which fosters consistency and predictability in legal decision-making. While this principle generally contributes to the integrity of the judicial process, it also has its limitations and may be balanced with other considerations to ensure just outcomes.
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Case law differs from one jurisdiction to another
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 differs from one jurisdiction to another because each jurisdiction has its own set of binding case laws. 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. If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, but these would be persuasive rather than binding.
The different roles of case law in civil and common law traditions also create differences in the way that courts render decisions. 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. 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. This is because civil law jurisdictions adhere to a tradition that the reader should be able to deduce the logic from the decision and the statutes. Common law countries include the United Kingdom, United States, Canada, Australia, New Zealand, South Africa, Singapore, Ireland, India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Israel, and Hong Kong.
Federalism also plays a role in determining the authority of case law in a particular court. Each circuit has its own set of binding case law, so a judgment rendered in one circuit will not be binding in another but will have persuasive authority. A decision by the United States Court of Appeals for the 11th Circuit would not be binding on the United States Supreme Court or courts from another circuit. However, decisions rendered by the Supreme Court of the United States are binding on all federal courts and on state courts regarding issues of the Constitution and federal law.
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Case law is used for judicial decisions of selected courts
Case law is a collection of past legal rulings made by judges or courts of law that are used as precedents for future judicial decisions. It is 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.
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, agency tribunals, and other bodies discharging adjudicatory functions. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided.
The doctrine of stare decisis, which means "to stand by things decided," dictates that most courts are bound by their own previous decisions in similar cases. According to this doctrine, 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.
Case law is often used by attorneys to interpret the law and form legal arguments. It ensures consistency throughout the legal system and is the reason why the decisions of higher courts, such as the U.S. Supreme Court, are given so much attention. The Supreme Court of the United States, for instance, renders decisions that are binding on all federal courts and state courts regarding issues of the Constitution and federal law.
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Case law is established by judicial decision in cases
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. It is the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. Case law is established by judicial decision in cases, and it 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. If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, constituting persuasive authority rather than binding authority. Other factors such as the age of the decision and the closeness to the facts will affect the authority of a specific case in common law.
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, agency tribunals, and other bodies discharging adjudicatory functions. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents, recording 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.
Case law is established by judicial decisions in cases, and these decisions are published in serial print publications called "reporters" and are also published electronically. Attorneys use published case law to interpret the law. Case law is based on judicial opinions or decisions over time, and it differs from statutory law, which comes from legislative bodies, and administrative law, which comes from executive bodies. Case law ensures consistency throughout the legal system, and it is the reason why the decisions of the highest courts, such as the U.S. Supreme Court, are given such great attention.
Case law is established by judicial decisions in cases, and these decisions can sometimes overturn previous precedents. For example, in the case of R v Jogee, the Supreme Court of the United Kingdom ruled that it and other courts had misapplied the law for nearly 30 years. While higher courts do not have direct oversight over lower courts, they can overrule judgments of lower courts if a case is appealed. If a judge acts against precedent and the case is not appealed, the decision will stand. A lower court may not rule against a binding precedent but may express the hope that a higher court or the legislature will reform the rule.
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Frequently asked questions
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations.
When a court hears arguments from both sides in a case, it often refers to other rulings and court opinions regarding the law or laws in question before issuing a decision. These existing rulings and legal precedents set by the judicial branch are collectively called case law.
Case law is law based on judicial decisions, whereas statutory law comes from legislative bodies.
Case law can be found in print publications called "reporters" and are also published electronically. Researchers can also use annotated codes, digests, and legal encyclopaedias to find case law on a particular topic.
Case law concerns unique disputes resolved by courts using the concrete facts of a case. 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.
