Cecily Zamora
Case law is a key component of the legal system and is based on judicial decisions rather than laws based on constitutions, statutes, or regulations. It is a law that is established following a decision made by a judge or a group of judges. Case law is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary. This process then sets a legal precedent that other courts are required to follow, which guides future rulings and interpretations of a particular law. Case law plays a significant role in shaping the legal system and ensures it evolves when necessary. It can provide clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations.
| Characteristics | Values |
|---|---|
| Definition | Law based on judicial decisions rather than law based on constitutions, statutes, or regulations |
| Other names | Common law |
| Sources | Case reporters, annotated codes, digests |
| Court types | Trial court, appellate court, supreme court |
| Court system | Federal court system, state court system |
| Court roles | Interpreting and applying existing laws to a specific situation, establishing legal precedents, impacting future rulings |
| Court decisions | Binding, non-binding, inconsistent with previous decisions |
| Court procedures | Evidence and witnesses presented, appeals, settlements |
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What You'll Learn
Common law vs civil law
Common law and civil law are the two main types of legal systems in the world. Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. It is less prescriptive than civil law and is primarily contrasted with English common law, which influenced the legal traditions of English-speaking countries. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. Countries that follow a common law system are typically former British colonies or protectorates, including the United States, the United Kingdom, Canada, Australia, New Zealand, and India.
In common law systems, judicial decisions are binding, and decisions of the highest court can generally only be overturned by that same court or through legislation. Common law recognizes prior court decisions as legally binding precedent, and judges can make laws in certain areas. Common law systems place great weight on precedent, and judges presiding over cases determine which precedents apply. This system promotes stability and consistency, but it can also lead to the marginalization or disempowerment of certain groups if past decisions are outdated or biased.
On the other hand, civil law is a comprehensive, codified set of legal statutes created by legislators. It is more prescriptive than common law and is rooted in the Roman Empire, with modern civil law originating from the Justinian Code. Civil law is characterized by its reliance on legal codes that function as the primary source of law. Civil law systems are found in about 150 countries, including Germany and France, where legislatures pass much more detailed laws and rely less on the opinions of judges.
In civil law systems, there is less emphasis on previous court decisions, and judicial precedent is given less weight. Civil law clearly defines the cases that can be brought to court, the procedures for handling claims, and the punishment for offenses. While civil law is regularly updated, the goal of standardized codes is to create order and reduce bias in the application of laws. In the context of contracts, civil law implies various provisions, such as equal bargaining provisions, and places less importance on setting out all the terms in the contract itself.
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The role of academics
Academic Law is a specialised field of law that focuses on meeting the research and teaching needs of students and faculty within educational institutions, primarily law schools. Academic law libraries are centres of activity for law students, academics, lawyers, judges, and members of the public. They provide resources in print and electronic formats to support teaching and research activities related to law.
The academic law librarian is a specialised role within academic law. Law librarianship involves understanding the trends in legal publishing to recommend and acquire relevant materials for the library collection. The size and availability of the library budget play a significant role in defining the size and scope of the collection. Librarians also need to consider the number of students in a program when acquiring resources to ensure sufficient access for all users.
Being an academic in law offers several benefits, including flexibility in work hours and the ability to work remotely. Academics can also enjoy the satisfaction of seeing their students grow and succeed in their careers. Additionally, the pay scale for academics in law typically increases with experience and progression through various levels of appointment.
Overall, the role of academics in law is diverse and impactful. They contribute to the advancement of legal knowledge through their research and publications, mentor and educate future legal professionals, and support the practical application of the law through their insights and expertise.
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Court structure
The court structure varies depending on the country and the type of law in question. In the US, the judicial branch operates within a constitutional system of checks and balances, with the legislative, executive, and judicial branches formally separate but often required to cooperate. The US Supreme Court is the highest court in the country and the court of last resort in the federal court system. It sits above the nation's 94 district or trial courts, known as US district courts, which resolve disputes by determining facts and applying the law. There are also 90 bankruptcy courts that provide a fresh start for those unable to pay their debts.
The federal court system also includes several specialised trial courts, such as the Court of Federal Claims, and intermediate appellate courts, which are divided into 13 circuits. The US Court of Appeals for the 11th Circuit, for example, would not be binding on the US Supreme Court or other circuits.
Canada's highest court is the Supreme Court of Canada, which primarily hears appeals in matters of significant public importance. Each province and territory has its own system of courts, which may include multiple specialised courts such as small claims court and family court. The highest courts in a province or territory are the courts of appeal, which can review the decisions of superior and lower courts.
In common law systems, such as those in the US and England, courts follow the doctrine of stare decisis, adhering to the precedent of previous decisions. Lower courts follow the decisions of higher courts and generally cannot overrule them without an appeal.
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Federalism
One of the landmark cases in federalism is Gibbons v. Ogden, which clarified the federal government's power over interstate commerce. The Court ruled that while Congress could regulate commerce directly, it could not compel state officials to fulfil its federal tasks, upholding the principle that state legislatures are not subject to federal direction.
Another notable case is Printz v. United States, which invalidated provisions of the Brady Act requiring state law enforcement to conduct background checks on prospective gun purchasers. The case affirmed the principle that the federal government cannot issue commands to the states, such as requiring them to administer federal laws.
The Supreme Court has also addressed the balance of power between the federal government and the states in cases involving the Spending Clause. While Congress can attach conditions to states' receipt of federal funds, litigation has arisen over the validity of these conditions and whether they are unduly coercive.
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The appeals process
After the oral argument or initial presentation, the appeals court judges confer to discuss the case and make a decision. This decision can take the form of upholding the lower court's decision, reversing it, or remanding the case back to the lower court for further action or a new trial. The appeals court may also request a re-hearing with a larger panel of judges.
In the United States, the federal courts of appeals handle a significant number of cases annually, and their decisions are typically final and binding on lower courts within their circuit. However, in certain circumstances, a litigant who loses in a federal court of appeals may petition for a "writ of certiorari," requesting the Supreme Court to review the case. The Supreme Court typically agrees to hear a case when it involves significant legal principles or when there are conflicting interpretations of a law between different appellate courts.
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Frequently asked questions
Case law is a law that is established following a decision made by a judge or judges. It is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary.
Case law plays a significant role in shaping the legal system and ensures that it evolves when necessary. It provides clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations.
There are several ways to find case law. One way is to use annotated codes produced by West and LexisNexis, which are useful for finding cases on a particular topic or that cite a particular statute. Another way is to use the Digest System, which subdivides the law into broad legal issues (Topics) and specific legal issues within those broad issues (Key Numbers).
Case law is used by courts to settle disputes between two or more parties, guided by the law found in statutory codes, regulations, and similar cases decided by the courts. Case law helps ensure consistency in court rulings by drawing on legal precedents.
Case law decisions generally explain in detail the legal rationale behind the decision, with citations of legislation and previous relevant judgments, and often interpret wider legal principles. Civil law decisions are generally shorter, referring only to statutes, with the expectation that the reader should be able to deduce the logic from the decision and the statutes.
