Cecily Zamora
There is some debate over whether the term is hyphenated or not. A Twitter war erupted after the Solicitor General's style manual called for the total extirpation of the barbarism of caselaw, with 77% of Twitter voters and the majority of Google Scholar references preferring case law. However, some people, including attorneys, still use and prefer caselaw.
| Characteristics | Values |
|---|---|
| Style guides | Solicitor General's Style Guide recommends not using "caselaw" |
| Black's Law Dictionary uses "caselaw" | |
| #teamcaselaw vs. "just a Nazi" | |
| 77% of Twitter voters prefer "case law" | |
| Google Scholar | "Case law" is the preferred phrase in the vast majority of references |
| Google Scholar offers its own searchable case law database | |
| Attorneys | Attorneys who are just one word over the word limit are caselaw's biggest supporters |
| UVA Law's legal writing co-director Joe Fore tweeted about the change from "caselaw" to "case law" | |
| Former Alabama Solicitor General and Justice Kennedy clerk John Neiman decried the "case law" rule as "classic federal overreach" | |
| Attorney, Lawyerist contributor, and humanitarian Brendan Kenny collected the best tweets about the caselaw vs. case law dispute | |
| Attorney Ricardo Barrera, @apellatepro, noted that caselaw's biggest supporters are bound to be attorneys who are just one word over the word limit | |
| Eleventh Circuit Ops tweeted, "Who uses 'caselaw' anyway?" |
Explore related products
What You'll Learn
Case law vs caselaw
The debate between "case law" and "caselaw" is a contentious issue, with strong opinions on both sides. Some legal professionals and dictionaries favour the use of "case law," considering it the correct and preferred term. This is evident in the Solicitor General's Style Guide, which called for the "total extirpation" of the word "caselaw," deeming it a "barbarism." Twitter polls and Google Scholar references also show that "case law" is the more commonly used phrase, preferred by 77% of voters.
However, there are ardent supporters of "caselaw" as well. The debate over this term is not just a matter of language preference but also involves legal interpretation. For example, in a discussion about the legal basis for certain interpretations, someone might say, "He thinks the caselaw is the law, and I think the text of the Constitution is the law." Here, "caselaw" refers to the body of law derived from judicial decisions and their application to specific cases, while "the law" refers to the text of the Constitution.
The use of "caselaw" is also practical for lawyers working with strict word limits. As Ricardo Barrera, @apellatepro, noted, "caselaw's biggest supporters are bound to be attorneys who are just one word over the word limit." Additionally, "caselaw" is a recognized term in legal dictionaries and databases, such as Black's Law Dictionary and Google Scholar's caselaw database.
Ultimately, the preference for "case law" or "caselaw" may depend on individual or organizational style guides and house styles. While "case law" appears to be the more commonly used and preferred term, "caselaw" has its supporters and is still recognized and used in legal circles.
CAS: A Necessary Evil for Law?
You may want to see also
Explore related products
![By Jan Berinstein Ph.D. Formatting Legal Documents With Microsoft Word 2010: Tips and Tricks for Working With Pleadings, Con [Paperback]](https://m.media-amazon.com/images/I/51cWgCW7eXL._AC_UY218_.jpg)
Case law in the US
In the United States, case law refers to the law established by previous judicial decisions in specific cases. In other words, it is law based on the decisions made by judges in past cases. Case law in the US is accessible to the public through free databases, such as Justia, which offer access to federal and state court decisions, codes, and regulations. These databases also provide resources for understanding the legal concepts addressed by these cases, such as case summaries and articles.
The US Constitution establishes a federal system, which means that there are both federal and state courts that can create case law. The US court system is organized hierarchically, with the US Supreme Court at the top, followed by the US Courts of Appeals, and then the US District Courts. Decisions made by the US Supreme Court are binding on all federal and state courts, meaning that lower courts must follow the precedents set by the Supreme Court.
However, the binding nature of case law becomes less clear as you move down the hierarchy of courts. For example, a federal or state court in California is not strictly bound to follow the decisions of the Court of Appeals for the Fifth Circuit, which is outside of its jurisdiction. Similarly, a district court in New York is not bound by the decisions of another district court, but it may consider the reasoning of the original court in reaching its decision.
The US court system also includes specialized courts, such as the Court of Appeals for the Federal Circuit, which handles appeals related to certain specialized areas of law, such as patent and trademark law. The decisions of these specialized courts can also become part of case law and contribute to the development of legal principles in their respective areas of expertise.
Overall, case law in the US plays an important role in shaping the legal landscape by providing a basis for future judicial decisions and helping to clarify and interpret the law. It is a dynamic and evolving body of law that reflects the decisions and interpretations of judges over time.
DWI Laws in North Carolina: What You Need to Know
You may want to see also
Explore related products
Case law and the Constitution
Case law is law that 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. By contrast, statutes and regulations are written abstractly. Case law is derived from the application of particular areas of law to the facts of individual cases.
Case law is generally very jurisdiction-specific. For example, a case in California would typically not be overseen and decided using precedent set in Maine. Instead, previous California rulings on the issue would be reviewed to determine interpretation of the law or issue, allowing a party to cite "binding precedent". Case law is 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 the US, federalism plays a major role in determining the authority of case law in a particular court. Each circuit has its own set of binding case law. A judgment rendered in the Ninth Circuit, for example, will not be binding in the Second Circuit but will have persuasive authority. 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.
Case law is not completely clear about the borderline between substantive rules and policy statements. However, it is very difficult to obtain a ruling against precedent, and generally involves appellate courts. Legislatively created statutes may be enacted to overrule precedent. The decision cited for precedent must be from a court higher than the one hearing the current case.
Writing a Declaration: Your Family Law Case Story
You may want to see also
Explore related products
$13.5 $16.99
Case law in common law systems
Case law is not hyphenated.
Common law systems, such as those in England and the United States, are deeply rooted in stare decisis and the concept of judicial precedent. When deciding a case, common law courts will interpret statutes and apply relevant precedents, citing both legislation and previous relevant judgments. The legal rationale behind these decisions is typically explained in detail, and the analysis constitutes a precedent that binds other courts in future cases.
In common law systems, precedents are maintained over time through court records and are historically documented in collections of case law known as yearbooks and law reports. These records play a crucial role in shaping the law and ensuring consistency in judicial decision-making. The process of determining the applicable law in a given situation involves a thorough analysis of facts, relevant statutes, and past cases, with more recent decisions and those of higher courts carrying more weight.
While common law systems generally emphasize judicial decisions and precedents, they also allow for flexibility and evolution of the law. In a "case of first impression" without precedent or clear legislative guidance, judges are empowered to establish new precedent, ensuring that the law can adapt to new situations and challenges. Additionally, academic writers are increasingly cited in legal arguments and decisions, providing persuasive authority that can influence the direction of the law.
In summary, case law in common law systems is a dynamic and complex body of law shaped by judicial decisions, precedents, and persuasive authorities. It serves as a foundation for legal reasoning and decision-making, providing guidance and consistency in the application of the law.
Case Reporters: Primary or Secondary Law?
You may want to see also
Explore related products
Case law databases
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding on issues before them. Case law databases are an important resource for legal professionals and researchers, providing access to past judicial decisions and other legal information. These databases can be accessed through subscription services, academic libraries, or freely available online sources.
The Library of Congress, for instance, provides access to court decisions through subscription databases such as Nexis Uni (formerly LexisNexis Library Express) and Westlaw Patron Access, which includes court decisions indexed using West's Key Number System. Bloomberg Law Patron Access is another subscription database available at the Library of Congress, although access is limited to one patron at a time in the Law Library Reading Room.
In addition to subscription databases, the Library of Congress also offers free legal research guides to help researchers locate online case law sources. The U.S. Government Publishing Office's govinfo website provides free access to select federal court decisions from 2004 to the present, and many individual federal and state appellate courts' websites offer access to their recent decisions. The Law Library of Congress has also digitized volumes of the U.S. Reports, making them available to the public as part of its digital collections.
While there is an abundance of free case law available online, it is important to note that these sources may not include editorial enhancements or finding aids that legal researchers are accustomed to. For example, free sources often do not provide digests or headnotes, which organize cases by points of law. Instead, they rely primarily on browsing and keyword searching to find relevant cases. Researchers should be aware of these limitations and understand that keyword searching and browsing may not always be the most efficient methods for locating specific cases.
Overall, case law databases are essential tools for legal professionals, researchers, and anyone seeking information on past judicial decisions. These databases provide access to a wealth of legal information, although the specific content and features available may vary depending on the database and access method.
Writing Case Law: A Step-by-Step Guide
You may want to see also
Frequently asked questions
No, "case law" is not hyphenated.
Yes, "caselaw" is also used, although it is less common.
It depends on who you ask. Some style guides, like the Solicitor General's Style Guide, call for the "total extirpation" of the "barbarism" of "caselaw". However, others, like Black's Law Dictionary, disagree.
Attorneys who are just one word over the word limit, according to Ricardo Barrera, @apellatepro.
