Keith Mack
There is some debate as to whether the term is case law or caselaw. While some sources, such as Merriam-Webster, spell it as two words, others, such as Garner's Dictionary of Legal Usage and Black's Law Dictionary, spell it as one. The debate over the correct spelling of the term, which refers to law based on precedents or past decisions made by courts or similar tribunals, has sparked strong opinions on both sides, with a Twitter poll showing that case law is the preferred phrase by 77% of voters.
| Characteristics | Values |
|---|---|
| Number of words | Two or one |
| Number of syllables | Two |
| Variant | Case law |
| Preferred by | 77% of Twitter voters, vast majority of Google Scholar references |
| Variant | Caselaw |
| Preferred by | Attorneys, Garner, Black's Law Dictionary, The Chicago Manual of Style |
Explore related products
![Criminal Law and Its Processes: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p34wz6jxL._AC_UY218_.jpg)
What You'll Learn
Case law vs. case-law vs. caselaw
There is some debate over the correct way to write the term "case law". Some sources, such as Merriam-Webster, prefer to write the term as two separate words, while others, such as Garner's Dictionary of Legal Usage and Black's Law Dictionary, prefer to solidify the term as "caselaw".
The argument for writing the term as "case law" is that it follows the traditional separation of words and is more commonly used, with 77% of Twitter voters and the vast majority of Google Scholar references preferring this form. Additionally, writing it as two separate words may be clearer for those unfamiliar with the term, as it distinguishes between "case" and "law".
On the other hand, supporters of the solidified term "caselaw" argue that it is a natural evolution of language, similar to how the term today transformed from "to day" to "to-day" and eventually to the modern "today". They also point out that "caselaw" is a two-syllable noun phrase, which often becomes solidified over time. Additionally, writing it as one word may be more convenient for attorneys who are constrained by word limits.
Ultimately, the preference for "case law" or "caselaw" may depend on personal or institutional style choices, with some sources, such as the Chicago Manual of Style, opting for the solidified form despite Merriam-Webster's preference for two separate words. However, it is worth noting that the use of "caselaw" has faced some opposition, with the Regan-era Solicitor General Charles Fried even calling for its "total extirpation".
In conclusion, while there are valid arguments for both "case law" and "caselaw", the preference may depend on factors such as personal style, institutional guidelines, and the intended audience.
Burden of Proof: Civil Cases and Law
You may want to see also
Explore related products
![Problems in Contract Law: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/71KVwHbBZ1L._AC_UY218_.jpg)
Law professors' role in case law
The life of a law professor typically involves three types of activities: research, teaching, and service. Law professors play a crucial role in shaping the understanding and application of case law through these activities.
Research is a significant aspect of a law professor's work, often involving the publication of articles in law reviews, books, and casebooks. This research contributes to the development and evolution of case law by analysing and interpreting judicial decisions and legal principles. Law professors delve into case law, examining the legal reasoning, precedents, and their impact on society. Their research may focus on specific areas of case law, such as privacy rights, regulatory policies, or constitutional law. Through their scholarship, law professors contribute to the growth of legal knowledge and the refinement of case law.
Teaching is another vital component of a law professor's role. They impart their knowledge of case law to the next generation of legal professionals. In their courses, law professors guide students through the complexities of case law, helping them understand how judicial decisions are made and how they shape legal practice. They may also supervise students working on real-life cases or projects, providing practical experience in applying case law. By mentoring and nurturing future lawyers, law professors ensure the continued development and understanding of case law.
Additionally, law professors are expected to provide service to the legal profession and the academic community. This includes contributing to legislative work, consulting, and participating in scholarly organisations. They may write amicus briefs, work with professional legal associations, and engage in pro bono activities. Through these endeavours, law professors actively contribute to the creation of case law by influencing legal policies and practices. Their involvement in the legal community helps shape the direction of case law and ensures its relevance and responsiveness to societal needs.
The path to becoming a law professor often involves exceptional academic performance, graduate law degrees, and teaching experience. Prospective law professors may pursue graduate studies in law or related disciplines, such as history, economics, or political science. They may also gain experience through teaching legal research and writing or serving as visiting assistant professors at top law schools. Building relationships with faculty members and publishing scholarly work are crucial steps in establishing a career in law teaching.
While the debate between "case law" and "caselaw" continues, with sources like Merriam-Webster and Black's Law Dictionary favouring the former, law professors play a pivotal role in shaping the understanding and application of this body of law, regardless of its spelling.
Writing a Law Case Report: A Step-by-Step Guide
You may want to see also
Explore related products
$12.87 $14.99
![Basic Tort Law: Cases, Statutes, and Problems: Cases, Statutes, and Problems [Connected eBook with Study Center] (Aspen Casebook Series)](https://m.media-amazon.com/images/I/611ayo4AJNL._AC_UY218_.jpg)
Case law and statutory powers
Case law, also used interchangeably with common law, is a law based on precedents set by past judicial decisions from previous cases. It is distinct from statutory law, which is enacted by legislative bodies, and regulatory law, established by executive agencies based on statutes. Case law is derived from the application of specific areas of law to the facts of individual cases.
In the common law tradition, courts interpret statutes and apply 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, lower courts should make decisions consistent with the previous decisions of higher courts. An example of this is the English Court of Common Pleas, which was established after the Magna Carta in 1215 to try lawsuits between commoners.
Statutory law, on the other hand, refers to legislation created by legislative bodies. In federal systems like the United States, statutory laws are passed by Congress and must proceed through both the House of Representatives and the Senate. A bill is studied and adjusted by legislative committees to ensure its validity and acceptability before being signed into law by the President. If the President vetoes the bill, Congress can override the veto with a larger majority vote. This system of checks and balances ensures that no official abuses their power.
While case law and statutory law are distinct, they interact in complex ways. For example, in some jurisdictions, case law can be applied to ongoing adjudication, such as criminal proceedings or family law. Additionally, courts may interpret and apply statutory law, and their decisions can become precedents that influence future cases.
The debate between "case law" and "caselaw" is ongoing, with strong opinions on both sides. While some sources, including Merriam-Webster's dictionary, prefer the two-word version, others, such as Garner's Dictionary of Legal Usage and Black's Law Dictionary, opt for the solid compound "caselaw." Ultimately, the choice between the two spellings may depend on personal or institutional style preferences.
Case Law: GTE Automatic Electric vs. Arc Industries
You may want to see also
Explore related products
Case law in federal courts
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in their decision-making process. In the context of federal courts in the United States, case law plays a crucial role in shaping legal interpretations and guiding future rulings.
The federal court system in the US is comprised of several levels, with the United States Supreme Court sitting at the apex as the highest judicial authority in the country. Below the Supreme Court are the lower federal courts, including the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Bankruptcy Courts.
Decisions made by the Supreme Court set binding precedents that must be followed by all lower federal courts and state courts, particularly on matters of constitutional interpretation. For example, if the Supreme Court rules that a certain practice is unconstitutional, that decision becomes case law, and all lower courts must abide by that ruling in future cases.
The decisions of lower federal courts can also establish case law, but their precedential value varies. For instance, rulings by the U.S. Court of Appeals for a specific circuit are binding on all federal district courts within that circuit. However, these decisions are not strictly binding on courts outside that circuit or on state courts, although they may still be considered persuasive.
Child Custody Cases: Civil Law's Emotional Battlefield
You may want to see also
Explore related products
Case law in state courts
Case law refers to the law established by judicial decisions in individual cases. It is also defined as the legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.
In the United States, case law is made up of state and federal court opinions. Each state has its own judicial system, which includes trial and appellate courts. The highest court in each state is often referred to as the "supreme" court, though there are exceptions, such as the New York Court of Appeals and the Maryland Court of Appeals. State courts generally hear cases involving state constitutional matters, state laws, and regulations, but they may also hear cases involving federal laws.
State courts' case law can be accessed through online databases such as Justia, which provides free access to state and federal court opinions, state laws, and the United States Code. Another source is FindLaw, which offers a collection of state and federal court opinions, laws, and statutes. These websites provide valuable resources for legal research, allowing users to explore case summaries, court decisions, and other relevant information.
When conducting legal research, it is important to distinguish between state and federal case law. This distinction is crucial due to the parallel system between state and federal courts. Researchers need to determine whether their specific issue falls under state or federal jurisdiction, although some issues may overlap and require analysis from both perspectives.
In conclusion, case law in state courts refers to the legal principles and decisions established by the respective state's judicial system. It encompasses matters related to state constitutions, laws, and regulations, and it can be accessed through online databases and resources. Understanding the nuances of state court case law is essential for comprehensive legal research and analysis.
Case Law in the EU: Binding or Not?
You may want to see also
Frequently asked questions
It depends on who you ask. Some style guides, such as the Solicitor General's Style Guide, prefer "case law", while others, such as Garner's Dictionary of Legal Usage and Black's Law Dictionary, prefer "caselaw".
Two-syllable noun phrases often start as separate words, then become hyphenated, and eventually solidify into one word. For example, the word "today" used to be written as "to day" and was later hyphenated ("to-day") before becoming one word. The same process has happened with "caselaw".
Case law refers to law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
