Keith Mack
Case law is a collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial opinions by various courts, which may set future precedent. Case law is established following a decision made by a judge or judges and is considered judge-made law. It is developed by interpreting and applying existing laws to specific situations and clarifying them when necessary. This process sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law. The term judge-made law was introduced by Jeremy Bentham as a criticism of the legal profession.
| Characteristics | Values |
|---|---|
| Definition | Case law is a law established following a decision made by a judge or judges. |
| Basis | Case law is based on precedent, i.e., judicial rulings made in previous similar cases. |
| Sources | Case law is the primary source of law in common law jurisdictions. |
| History | Judge-made common law operated as the primary source of law for several hundred years before the advent of statutory law. |
| Development | Case law develops through a process of judicial reasoning and decision-making, with judges interpreting and applying existing laws to specific situations. |
| Precedent | Case law sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law. |
| Jurisdiction | The effect of a court's decision on other courts depends on the level of the court and its jurisdiction. For example, in the US, a decision by the Supreme Court is binding precedent in all courts. |
| Appeals | Appellate courts hear appeals from parties seeking to change the result of a case heard at the trial court and rule on questions of law. |
| Research | Researching case law can be complex due to the parallel system between state and federal courts. |
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What You'll Learn
Common law vs civil law
Case law, also known as common law, is a body of law that is primarily developed through judicial decisions and previous case rulings rather than statutes. It is deeply rooted in stare decisis, which means that courts follow precedents established by previous decisions. Common law is largely based on precedent and is considered to be "judge-made law".
Common law and civil law are the two main types of legal systems in the world. Common law is deeply rooted in stare decisis, meaning courts adhere to the precedents established by previous decisions. The common law system is less prescriptive, and judicial decisions are binding. Common law courts explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments.
Civil law, on the other hand, is a legal system rooted in the Roman Empire and is primarily characterised by its reliance on legal codes as the primary source of law. It is generally more prescriptive than a common law system. Civil law judges tend to give less weight to judicial precedent and their decisions are generally shorter, referring only to statutes. In civil law, unless the contract specifies that the parties have agreed to arbitration, the contract will be enforced by administrative courts.
Countries that follow a common law system are typically those that were former British colonies or protectorates, including the United States. Civil law is the world's most common legal system, practiced in about 150 countries.
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Judicial precedent
The process of creating judicial precedent begins with a judicial decision, which contributes to the body of legal precedents that shape future rulings. These precedents are binding and must be followed by lower courts. When a similar case arises, courts typically align their reasoning with the precedent set in the previous decision. However, in certain situations, a court may choose to distinguish a precedent or hold that it is inconsistent with subsequent authority. This can occur when developments or trends in legal reasoning render the precedent unhelpful, and the court wishes to help the law evolve.
The role of case law differs in civil and common law traditions. Common law courts generally provide detailed explanations of the legal rationale behind their decisions, including citations of legislation and previous relevant judgments, and interpretations of wider legal principles. This analysis, known as ratio decidendi, constitutes a precedent binding on other courts. On the other hand, civil law jurisdictions tend to produce shorter decisions, referring only to statutes. This is because civil law traditions adhere to the principle that the reader should be able to deduce the logic from the decision and the statutes.
The development of case law through judicial precedent has played a significant role in shaping the legal system. It ensures that the law evolves when necessary and provides clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations. In the United States, a federal court system with multiple judicial circuits adds complexity to the process of researching and applying case law.
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Binding precedent
Case law is a collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial opinions by various courts, which may set future binding precedents. Common law, also known as judge-made law, is the body of law primarily developed through judicial decisions rather than statutes. It is deeply rooted in stare decisis, meaning "to stand by things decided", where courts follow precedents established by previous decisions.
In common law jurisdictions, several stages of research and analysis are required to determine the law in a given situation. 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 analysis, called ratio decidendi, then constitutes a binding precedent for other courts.
The term "judge-made law" was introduced by Jeremy Bentham as a criticism of the legal profession. Judge-made common law operated as the primary source of law for several hundred years before Parliament acquired legislative powers to create statutory law. In the early development of case law in the 13th century, judges devised rules for dealing with precedent decisions, which were compiled in the yearly Year Books, the first of which was published in 1268.
In a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish a new precedent. For example, in Li v. Yellow Cab Co., the California Supreme Court adopted the principle of comparative negligence, marking a departure from previous case law. While a lower court may not rule against a binding precedent, it may express the hope that a higher court or the legislature will reform the rule in question.
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Academic influence
Academic writers have played a significant role in shaping case law, particularly in civil law jurisdictions. In these traditions, court decisions have historically been brief and not formally used to establish precedent, so academics have often been responsible for expounding on the law. This process is called doctrine, and it is published in treatises or journals. While common law courts have traditionally relied less on legal scholarship, academic writers are increasingly cited in legal arguments and decisions as persuasive authority. They are often referenced when a judge is attempting to implement reasoning that has not yet been adopted by other courts.
In the United States, a common law country, each judicial decision has the potential to change the law, even if only incrementally. This is because the US legal system is largely derived from English common law, which is deeply rooted in the principle of stare decisis ("to stand by things decided"). This means that courts adhere to precedent, following the decisions of higher courts in their jurisdiction. For example, 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, lower federal courts within that jurisdiction, such as those in California or Washington, would be required to follow the decision.
The role of academics in influencing case law has evolved over time. In the early development of case law in the 13th century, judges in England created a number of rules for dealing with precedent decisions, which were compiled in yearly publications known as Year Books. These law reports from medieval England are a principal source of knowledge for the developing legal doctrines, concepts, and methods of that time.
The term "judge-made law" was introduced by Jeremy Bentham as a critique of the legal profession's pretenses. Bentham's ideas marked a shift from the declaratory theory of common law, which stated that common law reaffirmed pre-existing customs but did not create new law. Several notable writers, including A. V. Dicey, William Markby, and Oliver Wendell Holmes, later adopted the modern definition of common law as "case law" or "ratio decidendi", which establishes binding precedent.
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Court hierarchy
Case law, also known as common law, is a body of law that is primarily developed through judicial decisions, also known as judge-made law. It is deeply rooted in stare decisis, which means that courts adhere to the precedent of previous decisions. The presiding judge determines which precedents to apply when deciding on a new case.
In the context of court hierarchy, the federal court system in the United States has three main levels: district courts, circuit courts, and the Supreme Court. A case typically starts at the trial court level, which could be a trial by judge or jury, and witnesses and evidence are presented. District courts, also known as trial courts, have original jurisdiction, meaning they preside over cases first, and there are 94 federal district courts across the country. These cases can be criminal or civil in nature.
The next level in the hierarchy is the circuit courts, which are the first level of appeal. There are 13 circuit courts in total, and they are referred to as the U.S. Courts of Appeals. The appellate court's role is to determine whether the law was correctly applied in the trial court and rule on questions of law, rather than reviewing the evidence.
At the top of the hierarchy is the Supreme Court of the United States, which is the final level of appeal in the federal system. It is the highest court in the country, and its decisions are binding precedent in all other courts.
It is important to note that the federal court system operates in parallel with state courts, and the plaintiff can choose to bring a case in either system. Some cases may overlap both federal and state jurisdictions, and certain cases based on state law can be brought to federal court under diversity jurisdiction.
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Frequently asked questions
Case law is a collection of reported cases that form the body of law within a given jurisdiction.
Judges interpret and apply existing laws to a specific situation and clarify them when necessary. This process sets a legal precedent that other courts are required to follow.
Common law is primarily developed through judicial decisions rather than statutes. Civil law, on the other hand, adheres to the tradition that the reader should be able to deduce the logic from the decision and the statutes.
Case law evolves as courts review new legal disputes and decide how the law applies to them. Each time an appellate-level court issues a decision, it changes the law because other courts follow these decisions in future controversies.
Yes, case law is established following a decision made by a judge or judges. The modern practice of applying case law as precedent was introduced by Jeremy Bentham.
