Anaya Nolan
Case law is law derived from 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 used interchangeably with common law and refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In common law countries, including the UK, US, Canada, and Australia, case law is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions. Case law is used by advocates to support their views and influence the decision of judges.
| Characteristics | Values |
|---|---|
| Meaning | "At first sight", "at first view", or "based on first impression" |
| Usage | Used in civil and criminal law |
| Burden of proof | Lies with the plaintiff and can be challenged by the defendant |
| Purpose | To prevent litigants from bringing spurious charges |
| Prima facie case | A case with enough proof to proceed to trial or judgment |
| Facial challenge | A challenge to a statute that seeks to invalidate it in its entirety |
| As-applied challenge | A challenge to a particular application of a statute |
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What You'll Learn
Prima facie evidence
The Latin phrase "prima facie" translates to "at first sight", "at first view", or "based on first impression". In colloquial English, it is often rendered as "on the face of it". In law, the term is used to describe a case that appears to have merit based on the initial evidence.
In most legal proceedings, one party has a burden of proof, requiring it to present prima facie evidence for all the essential facts in its case. If it cannot, its claim may be dismissed without the need for a response from other parties. A prima facie case might not stand or fall on its own; if an opposing party introduces other evidence or asserts an affirmative defence, it can be reconciled only with a full trial.
In a criminal law context, the prosecution must present enough evidence that the defendant is guilty of the crime charged. If the prosecution cannot present evidence supporting each component, the case cannot move to trial. For example, if the defendant is accused of stealing expensive items from a home, the prosecution must present evidence that the defendant entered the premises without authorization, that there was intent to commit burglary, and that the defendant stole items from the premises.
In a tort law prima facie case, a plaintiff must prove that a defendant has met all the components of a prima facie case to prove that they committed that tort. The components needed for a prima facie case vary by tort. For the tort of negligence, the plaintiff must show that the defendant had a duty (civil obligation) not to do harm, and that the defendant breached that duty by harming the plaintiff with malicious intention and no other justification.
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Facial challenges
The Supreme Court has acknowledged that the distinction between facial and as-applied challenges is not always clear-cut and may not have an automatic effect on a case. However, the Court has also stated that facial challenges are disfavored because they carry greater consequences, invalidate an entire statute, and may threaten the democratic process by preventing the implementation of laws embodying the will of the people.
Despite this, empirical studies suggest that the Supreme Court resorts to facial challenges more regularly than it claims. For instance, the Court has applied facial challenges to invalidate challenged statutes in cases such as Brown v. Board of Education under the Equal Protection Clause and United States v. Lopez under the Commerce Clause.
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As-applied challenges
An as-applied challenge is a type of lawsuit that claims a law or policy is unconstitutional in a specific context or as applied to a particular situation or party. In other words, a litigant in an as-applied challenge is arguing that a law or rule is generally acceptable, but it is being applied unfairly or discriminately in their specific situation.
For example, a law might be considered generally acceptable, but it might be deemed unfair to someone with a disability. In such a case, an as-applied challenge can be made to argue that the law is not fair to that particular individual.
In the United States, as-applied challenges are classified as one of the two categories of lawsuits that challenge the constitutionality of a statute, the other being facial challenges. In an as-applied challenge, the plaintiff is not arguing that the entire statute is unconstitutional but rather that it is being applied in an unconstitutional manner. As-applied challenges tend to have a narrower scope, resulting in modifications to a statute's effect rather than its total invalidation.
The Supreme Court has expressed a preference for as-applied challenges over facial challenges, favouring "a narrower remedy" that could "fully protect the litigants". An as-applied challenge can only be brought once a statute has been enforced and taken effect, whereas a facial challenge may be brought soon after a statute's passage.
In First Amendment cases, litigants in as-applied challenges argue that a governmental law, rule, regulation, or policy is unconstitutional as applied to their expressive activities. For example, in Birmingham in 1963, the Supreme Court overturned the conviction of Rev. F. L. Shuttlesworth, a Birmingham integration leader, in an as-applied challenge. Shuttlesworth had been arrested and sentenced to three months of hard labour after leading a march to protest institutionalised segregation. The Court found that Birmingham's public demonstration permit law had been applied in an unconstitutional manner in violation of the First Amendment.
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Tort law
Case law refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. Case law is based on judicial decisions rather than law based on constitutions, statutes, or regulations. It is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions.
Some actions are punishable under both criminal law and tort law, such as battery. In such cases, tort law would provide a monetary remedy to the plaintiff, while criminal law would provide rehabilitation for the defendant and provide a benefit to society by reforming the defendant. Tort law is also distinct from contract law. Although a party may have a strong breach of contract case under contract law, a breach of contract is not typically considered a tortious act.
- In 2016, a self-driving car made by Google crashed into a bus in Mountain View, California. This was the first reported case of a self-driving car causing an accident. According to liability tort law, Google could be found liable for the damages.
- In March 2016, the website Gawker was ordered to pay wrestler Hulk Hogan $140 million in damages for intentionally invading his privacy to obtain video evidence of a private act.
- In 2018, 11 years after the child's death, the South Carolina Supreme Court ruled that a genetic testing lab could be classified as a healthcare provider under state law.
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Witness testimony
Case law refers to law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case. Case law is used interchangeably with common law and refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
Research has shown that jurors may exhibit different behaviours when presented with witness testimony. Some jurors may dismiss all witness evidence, while others may neglect it in their decision-making or interpret it in a biased manner. These biases can be influenced by motivated cognition and confirmatory biases. Providing clear and effective directions to jurors before presenting evidence is crucial to mitigating these biases.
The Confrontation Clause of the Sixth Amendment guarantees the right of a defendant to confront witnesses against them in a criminal trial. This includes the right to cross-examine witnesses and be present during the trial. The Supreme Court has reaffirmed this right in cases such as Coy v. Iowa and Crawford v. Washington, emphasising the importance of face-to-face confrontation.
Additionally, the reliability of witness testimony can be impacted by memory. Memory experts have analysed cases and found instances where eyewitness testimony may reflect not only what was actually seen but also information obtained after the fact. False memories can arise spontaneously, and individuals may accept familiar faces as matching an offender without recalling specific details accurately.
In summary, witness testimony plays a significant role in case law, particularly in criminal cases. However, it is essential to carefully evaluate witness testimony due to the potential for bias, memory issues, and the risk of wrongful convictions.
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Frequently asked questions
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case.
Case law is used by advocates to support their views and influence the decision of the judges. Case law is also used by judges to help decide what to do in new cases.
Case law can be found in print publications called "reporters" and are also published electronically. Researchers can use annotated codes, digests, and legal encyclopaedias to locate cases by subject from any jurisdiction.
