Cameron Miranda
Case law is a law based on precedents, or judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. It is used to determine the applicability and limits of a law. Case law is created primarily in appellate courts, which issue decisions that act as guides for the application of the law. These decisions may be overruled by higher courts. In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents. Stare decisis, a Latin phrase meaning let the decision stand, is the principle by which judges are bound to past decisions. Case law is created in both federal and state courts, with the former being more influential.
| Characteristics | Values |
|---|---|
| Court type | District courts, courts of appeal, supreme court |
| Court system | Federal, state, common law |
| Court function | Resolve disputes, determine facts, apply law, set precedent, review precedent, interpret law, decide constitutionality |
| Court decisions | Binding, published, based on precedent, based on statutes, based on regulations |
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What You'll Learn
Common law
The common law, as applied in civil cases, was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as a means of developing the body of law recognizing and regulating contracts. Common law is practiced in Australia, Canada, Hong Kong, India, New Zealand, the United Kingdom, and some states in the United States.
In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents, which 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. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions. Decisions made by higher courts are typically binding on lower courts in the same jurisdiction. This system promotes stability and consistency in the legal justice system.
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Precedent
Case law is a law based on precedents, or judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Precedent, in this context, refers to the principle by which judges are bound to past decisions, drawing on established judicial authority to formulate their positions. In other words, it is a way to ensure consistency throughout the legal system.
Judges at every level of the court system refer to precedents while hearing a case, and attorneys often refer to case law in court as part of their arguments. Case law is used to determine the actual applicability and limits of a law, and not, as in common law jurisdictions, the creation of law. In common law systems, courts follow the doctrine of stare decisis, which means 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.
In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.
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. These existing rulings and legal precedents set by the judicial branch of the government are collectively called case law. Case law is created primarily in appellate courts, which issue decisions that act as guides for the application of the law. These decisions may be overturned by higher courts.
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Judicial decisions
In the common law tradition, courts interpret statutes and apply precedents that record how and why previous cases have been decided. Common law courts explain the legal rationale behind their decisions, including citations of legislation and previous relevant judgments, and interpret wider legal principles. This analysis, called ratio decidendi, constitutes a precedent binding on other courts.
In the United States, the federal court system includes the United States District Courts, which resolve disputes by determining facts and applying the law, and the United States Courts of Appeal, which are the intermediate appellate courts. The U.S. Supreme Court is the highest court in the country, and its decisions are binding precedent in all courts.
The common law, or case law, originated in the practices of the English kings' courts following the Norman Conquest. Henry II, the first Plantagenet king, created a unified system of law "common" to the country, ending local control and eliminating arbitrary remedies. This common law operated as the primary source of law for several hundred years before Parliament gained legislative powers to create statutory law.
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Federal courts
The federal court system consists of three primary types of courts: 94 district courts, 13 courts of appeals, and the United States Supreme Court. The district courts, located across the nation and territories, serve as the federal trial courts where witnesses testify and juries serve. Cases decided in district court can be appealed to the intermediate appellate courts, which determine if the law was correctly applied at the trial level.
The United States Supreme Court is the highest court in the nation, located in Washington, DC. It is not required to hear every case submitted to it and primarily reviews appeals from lower federal and state courts. The Supreme Court's decisions can have a profound impact on Americans' civil rights, religious freedoms, voting rights, and more.
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Appeals
When a case is appealed, it moves from the trial court, where evidence and witnesses are presented, to an appellate court, also known as a court of appeals. In the United States, the intermediate appellate courts in the federal system are the United States Courts of Appeals, divided into multiple circuits. These appellate courts review the decisions made by lower courts and consider the legal issues surrounding the case. They do not answer questions of fact or re-examine the evidence but focus on questions of law.
Appellate courts have the authority to issue decisions that serve as guides for the application of the law. Their rulings can set precedents, which lower courts are generally bound to follow under the doctrine of stare decisis ("let the decision stand"). This doctrine ensures consistency in the legal system, promoting stability and predictability in the application of laws.
However, it is important to note that appellate court decisions are not immune from challenge. Higher courts can review and overturn the decisions of lower appellate courts, establishing new precedents of higher authority. This iterative process allows for the refinement and development of case law over time, adapting to changing legal interpretations and societal needs.
The appeals process is a critical mechanism for seeking justice and ensuring that the law is applied correctly and fairly. It empowers litigants to challenge rulings that they believe are erroneous or inconsistent with established case law. By appealing to higher courts, individuals can seek a different interpretation of the law and, in some cases, set new precedents that shape the legal landscape.
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Frequently asked questions
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 is primarily created in higher courts, such as the United States Supreme Court, whose decisions are binding in all lower courts.
Lower courts cannot overrule the decisions of higher courts and must abide by the precedents set by them. Lower courts may express a desire for a higher court to reform a rule, but they cannot go against it.
Case law is used to determine the applicability and limits of a law, and to ensure consistency throughout the legal system.
