Anaya Nolan
Case law, also referred to as common law, is a law that is established following a decision made by a judge or a group of judges. It is based on past judicial decisions, or precedents, 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 referred to as case law or precedent. Case law plays a significant role in shaping the legal system and helps ensure consistency in court rulings by drawing on the legal precedents that have informed previous cases.
| Characteristics | Values |
|---|---|
| Basis | Judicial decisions from previous cases |
| Type of law | Common law |
| Role | Provides guidance, consistency, and precedent for legal interpretations and rulings |
| Binding nature | May be binding or merely persuasive depending on the relationship between the deciding court and the precedent |
| Sources | Legal encyclopedias, published work of legal bodies, statutory powers, etc. |
| Evolution | Evolves over time as new precedents are set |
| Stare decisis | A Latin phrase meaning "let the decision stand" or "to stand by decisions"; it refers to the principle that decisions made by higher courts are binding on lower courts |
| Ratio decidendi | The necessary analysis that constitutes a precedent binding on other courts |
| Obiter dicta | Further analyses that are not necessary for the current case but constitute persuasive authority |
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What You'll Learn
Common law
Many former colonies of the British Empire retain the common law system today, and approximately one-third of the world's population lives in common law jurisdictions or in mixed legal systems that integrate common law and civil law.
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Precedent
Case law, also referred to as 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. In other words, stare decisis means that decisions made by higher courts are binding on lower courts, promoting fairness and stability throughout common law and the legal system. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions.
However, stare decisis is not absolute. Lower courts may seek to distinguish the present case from a binding precedent to reach a different conclusion. If a lower court believes that developments or trends in legal reasoning render the precedent unhelpful, it may hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases. Some jurisdictions allow for a judge to recommend an appeal in such circumstances. If that judgment goes to appeal, the appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority.
Case law plays a significant role in shaping the legal system and ensures that it evolves when necessary. It can provide clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations, helping to ensure consistency in court rulings by drawing on the legal precedents that have informed previous cases. Case law is also important for establishing new principles and redefining existing ones, as well as resolving any ambiguity and allowing for nuance to be incorporated into common law.
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Judicial decisions
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, 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. 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 it rarely does so.
Judges may refer to various types of persuasive authority to decide a case. Widely cited non-binding sources include legal encyclopedias, the published work of the Law Commission or the American Law Institute, and statutory powers given to certain bodies to issue guidance with persuasive authority. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, often interpreting the wider legal principles. This 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.
Case law evolves over time, and a judicial decision that was once solid may now be lacking. It helps establish new principles and redefine existing ones, as well as resolve any ambiguity and allow for nuance to be incorporated into common law. Case law is developed by interpreting and applying existing laws to specific situations and clarifying them when necessary. This process sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law. It plays a significant role in shaping the legal system and ensuring it evolves when necessary, providing clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations.
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Stare decisis
There are two types of stare decisis: horizontal and vertical. Horizontal stare decisis refers to a court adhering to its own precedent. For example, if the Seventh Circuit Court of Appeals follows the ruling of a previous Seventh Circuit Court of Appeals case, that would be horizontal stare decisis. Vertical stare decisis, on the other hand, occurs when a court applies precedent from a higher court. For instance, if the Seventh Circuit Court of Appeals follows a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis. Vertical stare decisis is deeply entrenched in the American legal system and is part of what gives the Supreme Court its authority.
While stare decisis is a critical concept in the legal system, it is not absolute. Courts may sometimes deviate from precedent if they believe it is unjust or no longer applicable due to changes in society or legal reasoning. In these cases, judges may offer reasons or legal nuances to justify their departure from precedent or even overturn prior rulings. This flexibility allows the law to evolve and adapt to changing circumstances.
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Civil law
In civil law systems, criminal proceedings follow an inquisitorial system. An examining magistrate serves a dual role, first developing the evidence and arguments for one side, and then the other during the investigation phase. The magistrate then presents their findings to the president of the bench that will adjudicate on the case. In common law systems, on the other hand, criminal proceedings follow an adversarial system, in which two sides present their cases to a neutral judge.
Civil cases involve conflicts between people or institutions, often involving money. They usually begin when one person or business (the "plaintiff") claims to have been harmed by the actions of another person or business (the "defendant"). The plaintiff may seek "damages", or monetary compensation for their losses. They may also ask for an "injunction", which can prevent or require the defendant from taking certain actions.
In civil law jurisdictions, the judiciary may not have the authority to invalidate legislative provisions. For example, the Armenian parliament adopted new legal codes after the fall of the Soviet Union, but the judiciary could only apply the code as written, without the power to adjudicate under common law principles.
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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.
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. Decisions in civil law jurisdictions are generally shorter, referring only to statutes. Civil law jurisdictions adhere to a tradition that the reader should deduce the logic from the decision and the statutes.
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 informed previous cases.
