Keith Mack
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. 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.
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What You'll Learn
Common law vs civil law
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. 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".
Common law and civil law are the two main types of legal systems in the world, with most countries adopting features from one or the other into their legal systems. Common law systems are those typically found in countries that were former British colonies or protectorates, including the United States. Common law is less prescriptive than civil law. 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. Common law systems place great weight on precedent and judicial decisions are binding.
Civil law, on the other hand, is generally more prescriptive than common law. It is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, with France's Napoleonic Code and Germany's Bürgerliches Gesetzbuch. Unlike common law, civil law systems rely on legal codes that function as the primary source of law. Civil law judges tend to give less weight to judicial precedent. There is no doctrine of stare decisis in the French civil law tradition. Louisiana is the only U.S. state whose private civil law is based heavily on the French and Spanish codes, rather than English common law.
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The role of judges
Judges are bound by the principle of stare decisis, which means they must adhere to the decisions of higher courts in similar cases. This ensures consistency in court rulings and helps shape the legal system. In common law systems, such as in England, the High Court and Court of Appeals are bound by their previous decisions. However, the Supreme Court can deviate from its earlier decisions, although it rarely does so.
Judges may refer to various types of persuasive authority when deciding a case, including widely-cited non-binding sources such as legal encyclopaedias and the published work of legal institutions. Academic writers are also frequently cited in legal arguments and decisions, especially when judges attempt to implement novel reasoning or find existing case law uncompelling.
In the United States, the federal court system has 13 judicial circuits, with 11 covering various states and territories, one covering Washington, D.C., and the Federal Circuit, which hears specific appeals. The District Courts are the trial courts, and the Court of Appeals is the highest court in each circuit. The U.S. Supreme Court's decisions are binding on all lower courts.
While judges play a significant role in shaping the law through their decisions, it is important to note that not everything written in a judicial decision constitutes law. Some parts may be considered extraneous, such as dicta, which are thoughts beyond the scope of the litigation.
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How case law shapes the legal system
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. 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.
Case law is a key component of the legal system. It is a law that is established following a decision made by a judge or 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, 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 been set.
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 courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles. The necessary analysis, called ratio decidendi, then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination of the current case are called obiter dicta, which constitute persuasive authority but are not technically binding.
In some jurisdictions, case law can be applied to ongoing adjudication, for example, in criminal proceedings or family law. Case law helps establish new principles and redefine existing ones. It also helps resolve any ambiguity and allows for nuance to be incorporated into common law.
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The doctrine of stare decisis
Case law is a key component of the legal system, and refers to laws that are based on precedents, or the judicial decisions from previous cases. Case law is developed through a process of judicial reasoning and decision-making, and it helps to shape the legal system and ensure that it evolves when necessary.
Stare decisis operates both horizontally and vertically. Vertical stare decisis holds that the decisions of higher courts take precedence over the decisions of lower courts. This is deeply entrenched in the American legal system and is part of what makes the Supreme Court "supreme". Horizontal stare decisis, on the other hand, holds that prior decisions made by courts at the same appellate level should provide precedent for future cases heard by courts at that level.
While stare decisis contributes to the integrity of the legal system, it may also impede the general advancement of law. As society and its beliefs change, there must be some logical variation in the application of the law. The doctrine of stare decisis is not static and reflects the idea of "one size fits all". This means that there may be instances where decisions are made arbitrarily, and these decisions will be prioritised due to stare decisis, even if they are incorrect or unjust.
In some cases, judges may offer reasons or legal nuances to avoid following precedents or to overturn prior rulings, especially if they believe that following precedent may lead to unjust outcomes.
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Case law in different jurisdictions
Case law, also used interchangeably with common law, refers to laws that are based on precedents set by past judicial decisions, rather than laws based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that has been resolved by courts or similar tribunals.
Common Law
In common law, 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 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 previous decisions.
Civil Law
In civil law jurisdictions, decisions are generally shorter, referring only to statutes. This is because civil law jurisdictions adhere to the tradition that the reader should deduce the logic from the decision and the statutes. There is no doctrine of stare decisis in the French civil law tradition. Civil law codes must be constantly changed because the precedent of courts is not binding and because courts lack the authority to act without a statute.
Mixed Systems of Law
Some legal systems, such as Scots Law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, are considered mixed systems of law. While these systems may have been influenced by the Anglo-American common law tradition, their substantive law is rooted in civil law tradition. Court decisions in these mixed systems are historically brief and do not formally establish precedent. Therefore, much of the exposition of the law is done by academics rather than judges.
Federal or Multi-Jurisdictional Law
In federal or multi-jurisdictional law systems, conflicts between lower appellate courts may arise. These differences may not always be resolved, and it may be necessary to distinguish how the law is applied in one district, province, or division. Only an appeal accepted by the court of last resort will resolve such differences, and for many reasons, such appeals are often not granted.
Choice of Law in Contracts
Commercial parties often choose the law of England and Wales, particularly when the parties are each in former British colonies and members of the Commonwealth. This is because commercial parties seek predictability and simplicity in their contractual relations. On the other hand, American corporations often form under Delaware corporate law, and American contracts relating to corporate law issues include a Delaware choice of law clause due to the deep body of law in Delaware on these issues.
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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 uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Case law develops through a process of judicial reasoning and decision-making. The parties involved in a legal dispute present their arguments and evidence in a court of law. The judge then considers all of the legal principles, statutes, and precedents before reaching a decision. This decision, known as a judgment, becomes part of the body of case law.
Case law is a key component of the legal system, especially in common law countries like the United States. Each judicial decision has the potential to change the law, sometimes incrementally and sometimes dramatically. Case law ensures the legal system evolves when necessary, providing clarity and consistency in court rulings.
