Cecily Zamora
Case law is law based on judicial decisions. It is the body of law that has been developed from judicial opinions or decisions over time. Generally, a lower court may not rule against a binding precedent, even if it feels that it is unjust. However, a lower court may seek to distinguish the present case from that of 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. In the United States, a decision by the United States Court of Appeals for the 4th Circuit would be binding in all lower courts of the 4th Circuit but would not be binding on the United States Supreme Court or courts from another circuit.
| Characteristics | Values |
|---|---|
| Nature of case law | Law based on judicial decisions |
| Binding nature | Only the reason for the decision of the majority can constitute a binding precedent |
| Binding nature | A decision by the United States Court of Appeals would not be binding on the United States Supreme Court or courts from another circuit |
| Binding nature | A decision by the United States Supreme Court is binding on all federal courts and on state courts regarding issues of the Constitution and federal law |
| Binding nature | A lower court may not rule against a binding precedent, even if it feels that it is unjust |
| Binding nature | A court does not have to follow a decision that is not binding precedent |
| Binding nature | The two highest courts in Sweden, the Supreme Court and the Supreme Administrative Court, have the right to set precedent which is in practice binding on all future application of the law |
| Binding nature | A judgment rendered in the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority |
| Binding nature | A lower court may wish to evade a precedent if it believes that developments or trends in legal reasoning render it unhelpful |
| Binding nature | A lower court may only express the hope that a higher court or the legislature will reform the rule in question |
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Binding precedent
Case law is law based on judicial decisions. It is the body of law that develops from judicial opinions and decisions over time. The different roles of case law in civil and common law traditions create differences in the way that courts render decisions.
In common law courts, the legal rationale behind decisions is explained in detail, with citations of both legislation and previous relevant judgments, and an interpretation of the wider legal principles. This analysis is called the 'ratio decidendi' and constitutes a binding precedent for other courts. The ratio decidendi refers to the grounds for the decisions taken in previous cases, which must be applied when using precedents.
In contrast, civil law jurisdictions produce shorter decisions, referring only to statutes. This is because civil law jurisdictions adhere to the tradition that the reader should deduce the logic from the decision and the statutes.
In federal or multi-jurisdictional law systems, conflicts between lower appellate courts may arise. These differences are usually only resolved when an appeal is accepted by the court of last resort, often called the "Supreme Court". A decision by the United States Supreme Court is binding precedent in all courts, including federal courts and state courts regarding issues of the Constitution and federal law. Lower courts may not rule against a binding precedent, even if they feel it is unjust. However, they may express the hope that a higher court or legislature will reform the rule.
In some countries, such as Sweden, case law plays a significant role, and the Supreme Court and Supreme Administrative Court have the right to set precedents that are binding in practice but not formally.
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Lower courts
In the United States, lower federal courts include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, the U.S. Court of International Trade, and U.S. Bankruptcy Courts. Each state also has its own judicial system, including trial and appellate courts. The highest court in each state is often referred to as the "supreme" court, though there are exceptions, such as in New York and Maryland.
A lower court may not rule against a binding precedent, even if it believes it to be unjust. If a lower court believes that a precedent is inconsistent with subsequent authority or that there is a material difference between the facts of the present case and the precedent, it may attempt to distinguish the cases to reach a different conclusion. The validity of such a distinction may be accepted or rejected on appeal to a higher court.
In some cases, a lower court may refer to persuasive authority, such as academic writings, legal encyclopaedias, or the work of bodies with statutory powers, to decide a case. Persuasive authority can also be used as a tool to find binding cases, by using techniques such as headnote and citing reference searching.
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Jurisdiction
However, it is important to note that not all case law is binding. While federal courts must follow the decisions of the United States Supreme Court, the rulings of one trial court within a jurisdiction are not binding on other trial courts in the same jurisdiction. For instance, a New Jersey trial-level court is not required to follow the precedent set by another trial-level court in the state or a court in another state.
When it comes to state courts, their decisions are typically binding only on other state courts within the same state. However, in cases where a federal court is dealing with a state law issue, the decisions of the state supreme court on that specific issue would be binding, even in a federal court setting. The decisions of state court appeals may also be considered persuasive authority in such cases.
In situations where there is little or no binding authority on a specific issue within a jurisdiction, it is permissible to cite on-point cases from outside that jurisdiction as persuasive authority. This can be a useful strategy to locate binding case law within one's jurisdiction by examining the citing references and headnotes of the persuasive case.
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Persuasive precedent
In the US legal system, case law refers to the collection of precedents and legal principles established by previous judicial decisions on specific issues. Precedent is fundamental to common law legal systems and operates under the principle of stare decisis, which means "to stand by things decided". Past judicial decisions are used as case law to guide future rulings, promoting consistency and predictability.
In the context of precedent, binding authority comes from higher courts in the same jurisdiction. For example, a federal Supreme Court decision is binding on all lower federal courts, and a federal circuit decision is binding on all federal district courts within its circuit. All federal courts must follow the decisions of the United States Supreme Court.
However, not all precedents are binding. Persuasive precedent refers to legal decisions that a court may consider but is not obligated to follow when deciding a case. Courts may choose to rely on persuasive precedent if they find the reasoning compelling, particularly when interpreting unclear laws or addressing "cases of first impression", where no prior binding authority exists. Examples of persuasive precedent include decisions from courts in neighbouring jurisdictions and dicta from rulings by higher courts. In Australia, for instance, decisions from superior overseas courts such as those in the United Kingdom serve as persuasive precedent.
Additionally, while obiter dicta (non-binding observations or comments) made by a judge are not legally binding on other courts, they may still be cited as persuasive authority in subsequent litigation.
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Ratio decidendi
In common law systems, ratio decidendi involves the holding of a particular case, allowing future cases to build upon it by citing precedent. The ratio decidendi is one of the most powerful tools available to a lawyer. With a proper understanding of the ratio of a precedent, the advocate can effectively force a lower court to arrive at a decision that it may otherwise be unwilling to make, given the facts of the case.
In the context of case law, ratio decidendi refers to the legal, moral, political, and social principles used by a court to compose the rationale of a particular judgement. It is the legal principle of the case that is binding on the lower courts. It is also the reason for the decision. Only the reason for the decision of the majority can constitute a binding precedent, but all may be cited as persuasive or their reasoning may be adopted in an argument.
However, it is important to note that not all holdings are given equal merit. The factors that can either strengthen or weaken the strength of the holding include the rank of the court, the number of issues decided in the case, and the similarity of the environment as opposed to the age of the holding judge. Additionally, in older cases where the ratio and obiter are not explicitly separated, it may be challenging to locate the ratio, and courts may sometimes be unable to do so.
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Frequently asked questions
Case law is law based on judicial decisions. It is the body of law that develops from judicial opinions and decisions over time.
Common law courts generally explain the legal rationale behind their decisions, citing legislation and previous relevant judgments and interpreting wider legal principles. This analysis, called ratio decidendi, becomes a binding precedent for other courts. Civil law jurisdictions, on the other hand, tend to have shorter decisions that refer only to statutes, leaving the reader to deduce the logic.
Courts generally follow the decisions of higher courts in their jurisdiction. A lower court may not rule against a binding precedent but can express hope for reform. Judges discern the ratio decidendi, or grounds for previous decisions, to apply precedents. Widely cited non-binding sources include legal encyclopedias and the work of prominent academics.
Stare decisis is the principle that courts will adhere to and follow the precedent of previous decisions. Once a legal principle is established, it will typically be upheld by the same court and all courts of lower rank when the same legal issue arises.
Yes, there are situations where a court may not follow a previous decision. A court may distinguish the present case from a binding precedent to reach a different conclusion. A lower court may also hold that a precedent is inconsistent with subsequent authority or that it should be distinguished by a material difference in the facts of the cases.
