Cecily Zamora
Case law is a law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called case law or precedent. 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. For example, in the case of R v Jogee, the Supreme Court of the United Kingdom ruled that it and the other courts of England and Wales had misapplied the law for nearly 30 years. Another example is the 1963 California Supreme Court decision in Greenman v. Yuba Power Products, which set a precedent that in a lawsuit for injuries caused by a defective consumer product, the manufacturer or retailer of that product may be held strictly liable for the injury, meaning that the plaintiff is not required to prove fault in order to recover.
| Characteristics | Values |
|---|---|
| Basis | Judicial decisions |
| Type of law | Common law |
| Nature of disputes | Unique |
| Nature of decisions | Concrete |
| Nature of statutes and regulations | Abstract |
| Nature of judicial decisions | Precedents |
| Nature of precedents | Binding or persuasive authority |
| Factors influencing authority | Age of decision, closeness to facts |
| Nature of legal rationale | Detailed |
| Nature of analysis | Ratio decidendi or obiter dicta |
| Nature of ratio decidendi | Binding |
| Nature of obiter dicta | Not binding |
| Nature of opinions | Helpful for new cases |
| Nature of principles | Evolving |
| Nature of principles | Clarifying |
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Case law vs statutory law
Case law, also referred to as common law, is based on precedents and the authority set by previous judicial decisions on a particular issue or topic. It is created by judicial bodies such as the Fourth Circuit Court of Appeals or the Virginia Supreme Court. Case law is concerned with unique disputes resolved by courts using the concrete facts of a case. It 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 rely on binding precedent.
Statutory law, on the other hand, is created by a legislative body, such as the US Congress or the State of Maryland General Assembly. It is law that is based on constitutions, statutes, or regulations. These laws are written abstractly and are passed on different levels of government, such as local, state, and/or federal levels. The process of creating statutory law can vary depending on the jurisdiction. For example, in the US, a federal law is given the number of the US Congress that passed it and a second number representing the chronological order of its passage.
In the US legal system, the rulings of higher courts are binding on lower courts. Federalism also 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. 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.
Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret wider legal principles. The analysis then constitutes a precedent binding on other courts. Lower courts should make decisions consistent with the previous decisions of higher courts. This is known as the doctrine of stare decisis, a Latin phrase meaning "let the decision stand".
While case law and statutory law differ in their sources and application, they are both crucial to the legal system and can be interdependent. It is important to understand the various types of laws and how they may apply to specific situations and jurisdictions.
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Common law systems
Case law, also used interchangeably with common law, is a law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Common law systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions, however, since the Practice Statement of 1966, the Supreme Court of the United Kingdom can deviate from its earlier decisions, although in practice it rarely does.
Common law is a body of unwritten laws based on legal precedents established by the courts. It draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common law differs from civil law, which is regularly updated, and has the goal of standardized codes to create order and reduce bias. Common law, on the other hand, aims to establish consistent outcomes by applying the same standards of interpretation.
In common law systems, the decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction, and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority.
Common law still has practical applications in some areas of law, such as contract law and the law of torts. It has also furnished the basis for new legislation to be written. For example, the U.K. has long had a common-law offence of "outraging public decency", which was used to prosecute a new intrusive activity called upskirting. In February 2019, the U.K. Parliament passed the Voyeurism (Offences) Act, officially making upskirting a crime.
In the past, common law has led to unfair marginalization or disempowerment of certain groups. For example, in England, common law held that when couples divorced, fathers—rather than mothers—were entitled to custody of the children, a bias that kept women trapped in marriages.
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Federalism
Case law is built upon the principle of stare decisis, which means "to stand by that which is decided." In other words, case law is the collection of past legal decisions that can be used as precedent for future cases. Case law examples in federalism showcase how the division of power between the federal government and the states is litigated and decided by attorneys and courts.
One example of a case law in federalism is the dispute between steamboat operators along the East Coast, which resulted in the McCulloch case. The McCulloch case determined that states cannot interfere with federal powers that the Constitution enumerated. The Court ruled that Congress legitimately chartered the bank, and therefore, an individual state could not interfere with it through taxes or other means. This case established that states cannot interfere with the federal government's legitimate actions and that federal laws take precedence over conflicting state laws.
Another example is the case of Ogden vs. Gibbons, which involved the question of whether the state of New York could grant a monopoly to Robert Fulton's steamboat company to operate an exclusive service between New York and New Jersey. Gibbons, who had secured a competing license from the US government, appealed against an injunction obtained by Ogden, arguing that his federal license trumped state law. The Supreme Court ruled that the commerce clause allowed the federal government to regulate interstate trade via navigable waters and that federal regulations were supreme over conflicting state laws. This case reinforced the McCulloch ruling regarding the Supremacy Clause and clarified the federal government's power to regulate interstate commerce.
A more recent example of federalism in practice is the response to the coronavirus pandemic in 2020. President Donald Trump's general view was to allow states to promulgate laws and regulations to address the pandemic, while critics argued that he failed to provide a coordinated national response. Federalism allowed individual states to rely on their police powers to pass laws and regulations to promote public health, such as deciding whether to close schools or issue stay-at-home orders.
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Pluralist systems
Legal pluralism refers to the existence of multiple legal systems within a single society or geographical area. This can occur when different laws govern distinct groups within a country, or when multiple sources of law (both state and non-state) coexist. For example, in India and Tanzania, separate Islamic courts address concerns in Muslim communities, adhering to Islamic law principles, while secular courts handle issues for other communities.
Legal pluralism can also be observed in societies where the legal systems of indigenous populations are recognised to some extent, such as in Australia, where elements of traditional Aboriginal law and criminal law have been acknowledged. Furthermore, in many African states, customary chiefs or local power-holders have been incorporated as the lowest tier of decentralised state legal systems, resulting in hybrid or mixed legal environments.
The concept of legal pluralism has gained significant interest in recent times, particularly in the fields of anthropology, sociology, and political science. It highlights the interplay between state and non-state laws, challenging the traditional view of law as solely state-centric. This recognition of multiple legal orders within a society has implications for governance and policy, especially in developing countries where non-state justice systems may play a prominent role.
Legal pluralism can be understood through two perspectives: the 'social science' view and the 'juristic' view. The former, as articulated by John Griffiths, considers legal pluralism as an empirical reality of society, where multiple legal orders coexist within a social group, not confined to a single 'system'. The latter perspective, on the other hand, frames legal pluralism as a consequence of colonial imposition, where European countries established colonies and superimposed their legal systems on pre-existing ones, creating a dual legal structure.
In conclusion, legal pluralism recognises the existence of multiple legal systems or orders within a society or geographical area. It challenges monolithic notions of law and highlights the interplay between state and non-state justice mechanisms. By understanding legal pluralism, policymakers can navigate the complex landscape of legally pluralistic environments, fostering cooperation between state and non-state actors and promoting the rule of law in a manner that respects diverse legal traditions.
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Judicial decisions
Case law is a law that is based on judicial decisions or precedents rather than law based on constitutions, statutes, or regulations. It is also used interchangeably with common law. Case law uses the detailed facts of a legal case that has been resolved by courts or similar tribunals. These past decisions are called "case law" or precedent.
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 are established by executive agencies based on statutes.
In some jurisdictions, case law can be applied to ongoing adjudication, for example, in criminal proceedings or family law. Case law is a crucial element of the legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. It 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, and it will help guide 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, and helps to ensure consistency in court rulings by drawing on the legal precedents that have informed previous cases.
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Frequently asked questions
Case law is law that is based on past judicial decisions and legal principles rather than law based on constitutions, statutes or regulations.
Case law provides guidance, consistency and precedent for legal interpretations and rulings. It helps to shape the legal system and ensures it evolves when necessary.
In the US legal system, the rulings of higher courts are binding on lower courts. Federalism also plays a major role in determining the authority of case law in a particular court.
Some examples of case law include the Washington State case State v. Hinton 169 Wash.App. 28, 280 P.3d 476 and the 1963 California Supreme Court decision in Greenman v. Yuba Power Products.
