Kara Sears
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding on issues before them. In the common law tradition, courts decide on the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided. In the US legal system, stare decisis, a Latin phrase meaning to stand by things decided, represents the doctrine of precedent, under which a court must follow earlier decisions when the same points arise again in litigation.
| Characteristics | Values |
|---|---|
| Court decisions | Interpreting statutes and applying precedents |
| Case law | Body of prior judicial decisions that guide judges deciding issues before them |
| Court systems | Common law and civil law systems |
| Common law courts | Explain the legal rationale behind their decisions with citations of legislation and previous relevant judgments |
| Civil law jurisdictions | Decisions are shorter, referring only to statutes |
| Common law systems | Follow the doctrine of stare decisis |
| Lower courts | Bound by the previous decisions of higher courts |
| Appellate courts | Hear appeals from parties seeking to change the result of the case heard at the trial court |
| Trial courts | Determine the relevant facts of a dispute and apply law to these facts |
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What You'll Learn
Common law systems follow the doctrine of stare decisis
Case law is based on previous court decisions, also known as precedent or common law. It is the body of prior judicial decisions that guide judges in deciding issues before them. Common law systems follow the doctrine of stare decisis, which means "to stand by things decided" in Latin. Stare decisis dictates that courts adhere to precedent in their decision-making process.
In common law systems, courts interpret statutes and apply precedents to determine the law applicable to a case. This involves considering how and why prior cases have been decided. Stare decisis promotes consistency in decision-making, as it requires courts to abide by their own previous decisions and those of higher courts. For example, in England, the High Court and Court of Appeals are bound by their own previous decisions. However, the Supreme Court may deviate from its earlier rulings, although it rarely does so.
The doctrine of stare decisis has several benefits. Firstly, it fosters predictable, unbiased, and consistent development of legal principles. It increases reliance on judicial decisions and enhances the integrity of the judicial process. Additionally, stare decisis prevents the need for repeated litigation on the same legal issue, saving time and energy for the judiciary. It establishes a strong presumption that judges will follow prior precedents, reducing the potential for bias and arbitrary decision-making.
However, there may be instances where lower courts seek to distinguish their present case from binding precedent to reach a different conclusion. They may argue that the precedent is inconsistent with subsequent authority or that there is a material difference between the facts of the cases. In such cases, a higher court may review both the precedent and the case under appeal, potentially overruling the previous case law and setting a new precedent.
In summary, common law systems adhere to the doctrine of stare decisis, which means that courts follow precedent in their decision-making. This promotes consistency, integrity, and fairness in the judicial process.
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Lower courts are bound by decisions of higher courts
Case law is based on the interpretation of statutes and the application of precedents, which are records of how and why past cases were decided. In common law systems, courts follow the doctrine of stare decisis, which dictates that courts are bound by their own previous decisions in similar cases.
Lower courts are bound by the decisions of higher courts. For example, in the United States, the highest court is the Supreme Court, and lower federal courts include the U.S. Courts of Appeals, U.S. District Courts, and others. A lower court may not rule against a binding precedent, even if it feels it is unjust. It can only express the hope that a higher court will reform the rule. If a lower court believes that a precedent is unhelpful due to developments or trends in legal reasoning, it has a few options: it can hold that the precedent is inconsistent with subsequent authority, or that there is a material difference between the facts of the current case and the precedent. In some jurisdictions, a judge can recommend an appeal.
If a case goes to appeal, the appellate court can review both the precedent and the case under appeal and may set a new precedent of higher authority. Appellate courts do not answer questions of fact or review evidence; instead, they rule on questions of law and consider legal issues.
The relationship between the deciding court and the precedent determines whether case law is binding or merely persuasive. For example, a decision by the U.S. Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit. However, a court in California is not strictly bound to follow this precedent.
While the Supreme Court may claim decision-making expertise and unique authority, lower courts sometimes spot instances where the Supreme Court has written too broadly to account for legal nuances or the possibility of factual change. In these cases, lower courts may attempt to "narrow from below," construing the scope of a higher-court precedent in a more limited way than the best available reading. However, when Supreme Court precedent is clear, "narrowing from below" is generally no more legitimate than overruling from below.
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A judge can act against precedent if a case is not appealed
Case law is based on the doctrine of stare decisis, which holds that courts and judges should honour precedent or the decisions, rulings, and opinions from prior cases. This doctrine is followed in common law systems, where courts decide the law applicable to a case by interpreting statutes and applying precedents. While stare decisis gives the law consistency and makes interpretations of the law more predictable, there are nuances and limits to its application. For instance, vertical stare decisis, which states that the decisions of higher courts take precedence over those of lower courts, is deeply entrenched in the American legal system. On the other hand, horizontal stare decisis holds that prior decisions made by courts at the same appellate level should provide precedent for similar cases.
However, judges may sometimes act against precedent, especially when they believe that following it may lead to unjust outcomes. In such cases, a lower court may express the hope that a higher court or the legislature will reform the rule in question. The lower court may argue that the precedent is inconsistent with subsequent authority or that there is a material difference between the facts of the cases. If the case is not appealed, the decision will stand.
For example, in R v Jogee, the Supreme Court of the United Kingdom ruled that it and other courts in England and Wales had misinterpreted the law for nearly 30 years. This demonstrates that even the highest courts can deviate from their previous decisions, although it is rare.
In some cases, certain legal opinions are considered "super precedents" that are fundamental to a country's justice system and are therefore extremely difficult to overrule. These opinions are often debated during Senate confirmation hearings for new Supreme Court justices.
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Common law courts explain the rationale behind decisions
Case law is based on previous court decisions, also known as stare decisis or judicial precedent. In common law systems, 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 wider legal principles. This analysis is called ratio decidendi, and it constitutes a precedent binding on other courts.
In the common law tradition, 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. However, in a "case of first impression", with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. In such cases, the presiding judge determines which precedents to apply when deciding each new case.
In federal or multi-jurisdictional law systems, there may be conflicts between various lower appellate courts. Only an appeal accepted by the court of last resort will resolve such differences, and for many reasons, such appeals are often not granted. Any court may seek to distinguish the present case from a binding precedent to reach a different conclusion. The validity of such a distinction may or may not be accepted on appeal to a higher court.
Lower courts may not rule against a binding precedent, even if they feel it is unjust. They may only express the hope that a higher court or legislature will reform the rule in question. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, it may hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases. Some jurisdictions allow a judge to recommend an appeal.
Appellate courts hear appeals from parties seeking to change the result of a case heard at the trial court. They rule on questions of law, considering legal issues rather than questions of fact. They are not bound by their previous decisions in the same way as common law courts, but they may distinguish them based on the facts.
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Civil law decisions are shorter, citing only statutes
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in deciding issues before them. Common law courts generally explain in detail the legal rationale behind their decisions, citing both legislation and previous relevant judgments. By contrast, civil law 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 common law systems, 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. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions.
In civil law systems, the focus is on the statutes themselves rather than on the interpretation of previous cases. Civil law decisions may still refer to previous cases for guidance, but they are not bound by them in the same way as common law courts. The goal in civil law is to apply the law as it is written, rather than interpreting it in light of previous decisions.
It is important to note that not all case law is published. Generally, only appellate court decisions that will be used as future precedent are published in sources specific to that court. Attorneys use published case law as a means to interpret the law. Appellate courts rule on questions of law, considering legal issues rather than questions of fact. They review the legal principles applied in the lower court's decision rather than reviewing the evidence presented at trial.
The process of citing statutes in legal documents is governed by specific rules, such as the Bluebook style, which is the standard legal citation style used in all disciplines. State statutes are generally cited similarly to federal statutes, but different states have different requirements for their citations. Federal statutes can be found in the United States Code, abbreviated as U.S.C., where they are divided into sections called titles that cover various topics. State statutes are published in their own state-specific publications.
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Frequently asked questions
Case law is law based on judicial decisions and opinions. It is also known as precedent or common law.
Courts use case law as a source of legal authority to guide their decisions. They interpret statutes and apply precedents to ensure consistency in how similar cases are treated.
Yes, a court can deviate from case law in certain circumstances. A lower court may not rule against a binding precedent but can express hope for reform. A higher court can overturn previous case law by setting a new precedent.
