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Black's Law Dictionary is the most frequently used legal dictionary in the United States. The first edition was published in 1891 by West Publishing, with the full title A Dictionary of Law: Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern. Black's Law Dictionary defines case law as the law to be found in the collection of reported cases that form all or part of the body of law within a given jurisdiction. This definition refers to the aggregate of reported cases that form a body of jurisprudence, in distinction to statutes and other sources of law. The dictionary has been criticised for not being an authoritative statement of the law, and for using outdated definitions.
| Characteristics | Values |
|---|---|
| First Edition Publication Date | 1891 |
| Publisher | West Publishing |
| Author | Henry Campbell Black |
| Full Title | A Dictionary of Law: containing definitions of the terms and phrases of American and English jurisprudence, ancient and modern, including the principal terms of international constitutional and commercial law, with a collection of legal maxims and numerous select titles from the civil law and other foreign systems |
| Second Edition Publication Date | 1910 |
| Second Edition Title | A Law Dictionary |
| Latest Edition | 12th Edition |
| Latest Edition Publication Date | 2024 |
| Editor of 10th Edition | Bryan A. Garner |
| Case Law Definition | Law established by judicial decision in cases; the law found in the collection of reported cases that form all or part of the body of law within a given jurisdiction |
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What You'll Learn
Case law is a solidified two-syllable noun phrase
Black's Law Dictionary, the most frequently used legal dictionary in the United States, defines case law as the professional name for the aggregate of reported cases that form a body of jurisprudence. The dictionary was first published in 1891 by West Publishing, with the full title "A Dictionary of Law: Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern". The first two editions were authored by Henry Campbell Black, who died in 1927.
The sixth and earlier editions of Black's Law Dictionary provided case citations for each legal term, which lawyers regarded as one of the book's most useful features. However, the development of the internet made legal research easier, and many outdated or overruled case citations were omitted from the seventh edition in 1999. The current edition is the twelfth, published in 2024, and it introduces a unique system of perpetually updated case citations and cross-references to legal encyclopedias.
While Black's Law Dictionary is widely used, it is important to note that it is not a law itself. It is a reference book that provides definitions and explanations of legal terms and concepts. The dictionary has been updated over the years to reflect changes in legal terminology and the law itself.
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Case law is established by judicial decision
Case law is a term used to refer to the "law to be found in the collection of reported cases that form all or part of the body of law within a given jurisdiction". It is a professional name for the aggregate of reported cases that form a body of jurisprudence. Case law is established by judicial decision, and in common law countries, it is used for the judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions.
In common law systems, courts interpret statutes and apply precedents that record how and why previous cases have been decided. This is known as the doctrine of stare decisis, which dictates that 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.
The doctrine of stare decisis promotes legal stability and consistency in judicial decisions. It prevents arbitrary decision-making and bias by requiring judges to follow existing precedents. This also lessens the need for subsequent litigation, saving time and energy for the judiciary.
Case law is an important aspect of the legal system, providing a basis for judicial decisions and helping to shape the body of law within a given jurisdiction. It is a dynamic process, as new cases may overrule previous case law by setting new precedents of higher authority.
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Case law is the body of law within a given jurisdiction
Case law is a term used to refer to the body of law within a given jurisdiction. It is a collection of reported cases that form the basis of the law in a particular area or subject. Case law is also referred to as jurisprudence, and it is distinct from statutes and other sources of law, such as legislative enactments or executive orders.
Case law is an essential part of the common law system, which is based on judge-made law that originated in England and is now used in many countries around the world, including the United States. In common law jurisdictions, the decisions of higher courts can set a precedent for future cases, and these decisions are considered binding in lower courts within the same jurisdiction. This is known as stare decisis. However, the decisions of a court are only binding within a particular jurisdiction, and even within that jurisdiction, some courts have more power than others.
The process of determining the applicable law in a given situation involves several steps. First, the facts of the case must be ascertained. Then, relevant statutes and cases must be located, and the principles, analogies, and statements made by various courts must be extracted. The next step is to determine how a court is likely to rule on the present case based on previous decisions and the importance attributed to them by different courts. Finally, the law is applied to the facts at hand.
Case law research is facilitated by tools such as West's Digests, which allow researchers to locate cases by subject and jurisdiction. These digests provide short summaries of the legal points discussed in the indexed opinions, helping researchers decide whether to explore a case further. The digests also categorise cases into broad legal issues, known as Topics, and further subdivide them into specific legal issues within those broader issues, known as Key Numbers. This consistent system of classification enables researchers to easily find other cases from different jurisdictions that discuss similar legal issues.
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Case law is distinct from statutes and other sources of law
The principle of stare decisis, a Latin phrase meaning "let the decision stand", is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which is established by executive agencies based on statutes.
In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents that 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.
Case law is also 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 that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue, relying on binding precedent.
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Case law is not an authoritative statement of the law
Case law is a source of law that refers to the decisions and rationales of courts that interpret and apply existing laws to a particular case. It is a collection of reported cases that form all or part of the body of law within a given jurisdiction.
While case law is a form of authoritative guidance, it is not an authoritative statement of the law per se. An authoritative statement of the law is a definitive and binding interpretation or declaration of the law by a recognised authority in the legal system. These statements are considered final and cannot be overruled or contradicted by lower courts or other authorities. They are relied upon by courts and other legal institutions as authoritative sources of information on the law.
Case law, on the other hand, is not necessarily definitive or binding. While it is true that lower courts may be bound by the decisions of higher courts, this is not always the case. For example, federal district courts are bound by the decisions of the court of appeals of the circuit in which they are located, but they are not bound by the decisions of other district courts or other courts of appeals.
Additionally, case law is subject to various interpretations and distinctions. When citing a case, it is important to distinguish dicta from the actual rationale used by the court to arrive at its conclusion. Dicta refer to parts of a decision that are not crucial to it but are rather the tangential opinions or analysis of the author. While dicta may be persuasive, they are not binding and do not constitute an authoritative statement of the law.
Furthermore, case law is just one of several types of authoritative statements in law, including statutory law, regulatory law, common law, and administrative law. These various sources of law interact in complex ways, and the weight given to each source may vary depending on the specific legal issue and jurisdiction.
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Frequently asked questions
Case law is the "law to be found in the collection of reported cases that form all or part of the body of law within a given jurisdiction".
Black's Law Dictionary is the most frequently used legal dictionary in the United States. The first edition was published in 1891 by West Publishing. The dictionary provides definitions of terms and phrases of American and English jurisprudence, including the principal terms of international constitutional and commercial law.
No, nothing in the Black's Law Dictionary is an authoritative statement of the law. It is a reference book and is not the same as caselaw.
The current edition of Black's Law Dictionary is the twelfth edition, published in 2024.
