Keith Mack
Case law refers to existing rulings and legal precedents set by the judicial branch of government. When a court hears arguments from both sides in a case, it will often refer to other rulings and court opinions regarding the law or laws in question before issuing a decision. In common law traditions, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided. In contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.
| Characteristics | Values |
|---|---|
| Definition | Case law is the body of law developed from judicial opinions or decisions over time. |
| Basis | Case law is based on precedent and prior judicial decisions, rather than specific statutes or regulations. |
| Sources | Case law sources include existing rulings, legal precedents, and judicial opinions. |
| Court Decisions | Common law courts explain legal rationale with citations of legislation and previous judgments, while civil law courts give shorter decisions, referring only to statutes. |
| Academic Influence | Common law courts historically relied little on legal scholarship, but today academic writers are often cited in legal arguments and decisions. |
| Court Hierarchy | Vertical stare decisis refers to higher courts creating mandatory precedent for lower courts to follow. Horizontal stare decisis refers to a court following its own past decisions. |
| Court Process | Cases proceed through stages, including pre-filing, initial pleading, discovery, pre-trial, and trial. |
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What You'll Learn
Case law and common law
Case law refers to the law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. It is concerned with unique disputes resolved by courts using the concrete facts of a case. Case law is also used interchangeably with common law, which is case law that creates law. In common law countries, including the United States, United Kingdom, Canada, and others, common law is used for judicial decisions of selected appellate courts, courts of first instance, and other bodies. Common law courts generally explain in detail the legal rationale behind their decisions, citing legislation and previous relevant judgments, and often interpreting wider legal principles. This analysis, called ratio decidendi, then constitutes a precedent that is binding on other courts.
Common law systems follow the doctrine of stare decisis, which dictates that 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. For example, the decisions of the US Supreme Court create binding precedent that all other federal courts must follow. Similarly, 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 this rarely happens.
Not all case law is common law. The other type of case law interprets a statute. Cases involving statutes may be brought to court to clarify ambiguities or interpret clauses in the statute. The court interprets the statute, applies the law/interpretation to the case, and the appellate court's review provides the case law published with the statutes.
In some pluralist systems, such as Scots Law in Scotland and civil law jurisdictions in Quebec and Louisiana, the legal system does not fit neatly into the dual common-civil law system classifications. These systems may have been influenced by the Anglo-American common law tradition, but their substantive law is rooted in the civil law tradition. As such, they are sometimes referred to as mixed systems of law.
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Case law and civil law
Case law refers to the law that is established by courts' decisions. It is based on the legal principle of stare decisis, which means that similar cases should be decided in a similar way. In the US, case law is developed by judges as they interpret and apply the law to individual cases. This is in contrast to statutory law, which is written into the Constitution or various codes of federal or state regulations.
In the US, case law is primarily associated with common law jurisdictions, which cover disputes between individuals or organisations (civil law) and crimes that can lead to incarceration (criminal law). Common law allows judges to interpret the law and create precedents that guide future court cases. For example, if a judge rules on a case in a particular way, that ruling will establish a precedent that other judges in the same region will follow when dealing with similar cases. Common law systems can address edge cases and unanticipated situations as they arise, but there may be less clarity on the outcome before going to court.
Civil law, on the other hand, is a system used in most European countries and is characterised by a clear understanding of the bounds of the law. While it provides clarity on what is and is not illegal, civil law struggles with edge cases and unanticipated situations, which must be dealt with by a legislative body. Decisions in civil law jurisdictions are generally shorter, referring only to statutes, and there is less emphasis on individual judges' rulings. Instead, the tradition holds that the reader should be able to deduce the logic from the decision and the statutes.
While civil law and common law are distinct systems, there is some overlap and influence between the two. For example, US case law is influenced by the common law tradition, but it also adopts approaches from civil law jurisdictions, such as citing academic writers as persuasive authority. Additionally, some legal systems, like Scots Law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, are considered mixed systems, rooted in civil law tradition but influenced by the Anglo-American common law tradition.
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Case law and statutory law
Case law, also referred to as "common law", is established in court rulings or judicial decisions, as opposed to specific regulations. It refers to the collection of precedents and authority set by previous decisions on a particular issue or topic. Case law is based on the interpretation of statutes and the application of legal principles and precedents from prior cases. Judges rely on case law to interpret statutes and make decisions in cases that are not clearly covered by statutes. Case law is more flexible than statutory law and can evolve over time as new legal issues emerge.
Statutory law, on the other hand, refers to laws that are prescribed in specific statutes and are passed by legislative bodies such as parliaments or congresses. The process of creating statutory law involves passing laws on different levels of government, such as local, state, and/or federal levels. Statutes are written laws that are formally enacted by the legislative body and are binding on everyone within the jurisdiction. Statutory laws are often more specific than case laws and can cover a wider range of legal issues.
The main difference between case law and statutory law lies in their creation. Case law is created by judges through their rulings and interpretations of previous cases, while statutory law is created by legislative bodies. Case law can vary depending on the state, as different states may have different outlooks on particular issues. Similarly, the process of enacting statutory law may differ based on the jurisdiction.
Both case law and statutory law play complementary roles in common law countries such as the United Kingdom, the United States, Canada, and Australia. They work together to form the legal framework that governs societies. While case law provides flexibility and adaptability to evolving legal issues, statutory law offers specificity and a broader scope of coverage.
In terms of legal rationale and decision-making, common law courts tend to provide detailed explanations of their decisions, citing legislation and previous relevant judgments. In contrast, civil law jurisdictions typically produce shorter decisions, referring only to statutes, as they adhere to the tradition that the reader should deduce the logic from the decision and the statutes.
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Case law and academic writing
Case law refers to the system in which courts of law decide on the legal principles to be applied to a case by interpreting statutes and applying precedents from previous cases. In common law systems, such as those in England, the US, and Australia, case law plays a significant role in shaping legal decisions.
When writing academically about case law, it is essential to understand the legal principles and precedents that have been established in similar cases. This involves analysing and interpreting previous cases and the rationale behind the decisions made by the courts. Academic writing in law should be structured clearly and persuasively, taking a position on the interpretation or application of the law. This involves utilising primary sources, such as legislation and previous cases, to support one's argument and address any counterarguments.
A key tool used in legal academic writing is HIRAC, which helps to structure the analysis of a legal problem by identifying the relevant legal issues and evaluating competing precedents. While HIRAC provides a useful framework, it should be adapted to suit the specific context and lecturer preferences. The purpose of a legal essay is to advance or persuade the reader of a particular understanding, interpretation, or application of the law. This requires a detailed analysis and discussion of the law in an abstract setting, taking a clear position in response to a question.
In addition to academic writing, law students and practitioners also use case briefs to analyse and understand the key details of a case. A well-constructed brief serves as a reference tool, encapsulating the important elements of a case, such as the facts, procedural history, and judgment. While the specific elements included in a brief may vary, it is important to focus on the information relevant to the legal analysis and one's understanding of the case.
Academic writers are increasingly being cited in legal arguments and decisions, particularly when judges seek to implement novel reasoning or find a compelling restatement of the law. This integration of academic writing into case law demonstrates the evolving nature of the legal system and the interplay between academic theory and legal practice.
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Stages of a case
The stages of a case in law will vary depending on the type of case, the jurisdiction, and the specific circumstances. Here is a general overview of the stages typically involved in criminal and civil cases:
Criminal Cases:
- Arrest and Initial Appearance: Criminal cases often begin with the arrest of the defendant by the police. The defendant's first court appearance is known as the arraignment, where they are informed of the charges and enter a plea.
- Pretrial Proceedings: During this stage, the defendant may file motions, such as motions to dismiss charges or suppress evidence. The court may hold hearings to address these motions and set dates for future proceedings.
- Trial: The trial is the main event of the criminal case. It includes jury selection, opening statements, examination of witnesses, presentation of evidence, jury instructions, and closing arguments. The defendant has the right to a trial by jury, but they can waive this right and opt for a bench trial, where the judge decides on both the law and facts.
- Verdict and Sentencing: After the trial, the judge or jury renders a verdict of guilty (conviction) or not guilty (acquittal). If found guilty, the court determines the punishment, considering sentencing guidelines and factors such as aggravating or mitigating circumstances.
- Appeal: If the defendant is not satisfied with the verdict or sentence, they may have the right to appeal the decision. The appellate process allows for a review of the case by a higher court.
Civil Cases:
- Pre-filing Stage: This involves dispute resolution, where parties gather information, negotiate, and prepare for potential court involvement.
- Pleading Stage: One party files a complaint or petition to initiate the court case, and the other party responds with an answer or a motion.
- Discovery Stage: Both sides exchange information, including witness statements and expert evidence, to learn about each other's cases.
- Pre-trial Stage: Parties prepare for trial, get their evidence and witnesses in order, and may engage in settlement discussions or file motions to resolve the case or narrow the issues for trial.
- Trial Stage: The case is heard by a judge or a jury, who examines the evidence and witnesses. The length of the trial depends on the complexity of the case.
- Judgment and Post-trial Stage: After the trial, the judge issues a judgment, and the winning party may try to collect on that judgment. Either party may appeal the judgment or seek further legal remedies.
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Frequently asked questions
Case law is the body of law that has been built up over time from previous judicial decisions and opinions.
Case law is used by courts to interpret the law and decide how it should be applied to a specific case. Courts refer to previous rulings and legal precedents to guide their decisions.
Case law is based on judicial decisions, whereas statutory law comes from legislative bodies. Case law helps to interpret and ensure consistency in the application of statutory law.
Common law courts generally provide detailed explanations of their decisions, citing previous relevant judgments and interpreting wider legal principles. This analysis becomes a precedent for future cases.
A case typically proceeds through the court system in stages: pre-filing, initial pleading, discovery, pre-trial, and trial. During pre-filing, parties may try to settle the dispute. In the initial pleading stage, one party files a complaint, and the other may respond. During discovery, both sides exchange information. In the pre-trial stage, parties prepare for trial by gathering evidence and witnesses, and they may also attend a settlement conference. Finally, during the trial, the case is heard by a judge or jury, evidence is presented, and a judgment is made.
