Cecily Zamora
Case law and statutes are two different sources of law. Case law is law based on judicial decisions, which concerns unique disputes resolved by courts using the concrete facts of a case. Statutes, on the other hand, are laws enacted by a legislature, also called acts, such as the Civil Rights Act of 1964. While case law is based on the specific facts and circumstances of a particular case, statutes are written in more abstract terms. In common law countries, including the United States, the United Kingdom, and Canada, case law is used for judicial decisions of selected appellate courts, courts of first instance, and other adjudicatory bodies. Statutes, as laws enacted by the legislative branch of a government, form the basis for statutory law, which is distinct from constitutional law.
| Characteristics | Statute |
|---|---|
| Creation | Statute laws are created by the legislative bodies. |
| Applicability | Statute laws are more specific and can cover a wider range of legal issues than case laws. |
| Flexibility | Statute laws are more rigid and can only be changed through a formal legislative process. |
| Interpretation | Statutes are interpreted by case laws. |
| Characteristics | Case Law |
| --- | --- |
| Creation | Case laws are based on the decisions of judges in previous cases. |
| Applicability | Case laws are more flexible and can evolve over time as new legal issues arise. |
| Flexibility | Case laws are flexible and can be overturned under specific circumstances, such as if the law is found to be unconstitutional. |
| Interpretation | Case laws are based on legal precedents and previous rulings. |
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What You'll Learn
- Case law is based on previous case decisions and legal precedents
- Statute law is created by legislative bodies and passed on different levels of government
- Common law is used in courts of common law countries, like the UK and US
- Common law courts explain the rationale behind decisions with citations of legislation and previous judgments
- Case law is more flexible and can evolve over time, statute law is more rigid
Case law is based on previous case decisions and legal precedents
Case law is a collection of reported cases that form the body of law within a given jurisdiction. It is based on previous case decisions and legal precedents. When a court hears a case, it will often refer to other rulings and court opinions regarding the law in question before issuing a decision. These previous rulings and precedents are collectively referred to as case law.
Case law is particularly important in common law countries, including the United States, the United Kingdom, Canada, Australia, and others. In these countries, courts interpret statutes and apply precedents that outline how and why past cases were decided. This is known as stare decisis, which means "to stand by things decided" in Latin. Stare decisis dictates that courts adhere to their own previous decisions in similar cases. For example, a lower court may not rule against a binding precedent, even if it disagrees with it.
However, it is important to note that courts are not always bound by stare decisis. For instance, in R v Jogee, the Supreme Court of the United Kingdom ruled that it and other courts had misapplied the law for nearly 30 years. Additionally, the U.S. Supreme Court has stated that stare decisis is not an "inexorable command," and in certain circumstances, such as when prior decisions are "unworkable or badly reasoned," the court may depart from precedent.
Case law can be a valuable asset in court, providing consistency throughout the legal system. It is also a useful resource for attorneys, who can use published case law to interpret the law and build their legal arguments.
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Statute law is created by legislative bodies and passed on different levels of government
Statute law is a more rigid form of legislation, created by legislative bodies and passed at different levels of government. It is distinct from case law, which is based on the decisions of judges in previous cases. Statute law is more specific and can cover a wider range of legal issues, whereas case law is more flexible and evolves over time as new legal issues emerge.
Statute law is created by legislative bodies, which can include senators and representatives at the state and federal levels. It is passed on various levels of government, such as local, state, and federal, and the process of enacting it can vary depending on the jurisdiction. Statute law is typically more specific than case law and can address a broader array of legal topics. It is also known as statutory law, referring to laws prescribed in specific statutes.
The legislative process involves drafting, debating, and voting on proposed statutes before they are enacted into law. This process can vary depending on the country and the level of government involved. For example, in a federal system, there may be separate legislative bodies for each state and the country as a whole, each with its own law-making processes.
Once a statute becomes law, it is then up to the courts to interpret and apply it to specific cases. This interpretation of statutes is a crucial aspect of the legal system. Courts may refer to case law, or previous rulings on similar issues, to guide their interpretation and ensure consistency in the application of statute law.
In some instances, statutes can be overturned if they are found to be unconstitutional or under other specific circumstances. This process may vary depending on the legal system and the level of government involved. For example, in some countries, the highest court may have the authority to declare a statute unconstitutional and overturn it.
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Common law is used in courts of common law countries, like the UK and US
Case law refers to existing rulings and legal precedents set by the judicial branch of a government. Common law is a type of case law that creates law. It is used in areas where there is no statutory law, such as torts and contracts. When a court hears arguments from both sides in a case, it often refers to other rulings and court opinions regarding the law in question before issuing a decision. Common law is used in common law countries, including the UK and US, to decide on the law applicable to a case by interpreting statutes and applying precedents.
Common law is also referred to as judge-made law, as it is created through court decisions. The court's decision is the controlling law in a common law issue. For example, in the UK, the High Court and the Court of Appeals are bound by their own previous decisions. In the US, federal courts are divided into twelve regional circuits, each with its own circuit court of appeals. Decisions of one circuit court are binding on the district courts within the circuit and on the circuit court itself but are only persuasive authority on sister circuits.
Common law countries follow the doctrine of stare decisis, which means that most courts are bound by their own previous decisions in similar cases. This is in contrast to civil law systems, where decisions are generally shorter and refer only to statutes. In common law countries, courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments.
The legal systems of the UK and US have diverged from their common law roots to such an extent that they now differ greatly from each other. For example, the US has a written constitution and judicial review, while England has no written constitution and restricts judicial review. Despite these differences, both countries continue to use common law in their courts.
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Common law courts explain the rationale behind decisions with citations of legislation and previous judgments
Case law refers to existing rulings and legal precedents set by the judicial branch of a government. It is interchangeably used 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, with citations of both legislation and previous relevant judgments. This detailed analysis is called ratio decidendi, which then constitutes a precedent binding on other courts. Further analyses that are not necessary for the determination of the current case are called obiter dicta, which are persuasive but not binding. Common law systems follow the doctrine of stare decisis, a Latin term meaning "let the decision stand", where 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, in England, the High Court and the Court of Appeals are bound by their previous decisions.
In a common law jurisdiction, several stages of research and analysis are required to determine the applicable law in a given situation. This involves ascertaining the facts, locating relevant statutes and cases, extracting principles and statements, integrating reasons and lines drawn, and applying the law to the facts. Common law courts are not absolutely bound by precedent and can reinterpret and revise the law to adapt to new trends. In some cases, a lower court may rule against a precedent if it believes the precedent is inconsistent with subsequent authority or if there is a material difference in the facts of the cases.
Overall, common law courts explain the rationale behind their decisions by citing legislation and previous judgments, contributing to the development of case law and ensuring consistency in the legal system.
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Case law is more flexible and can evolve over time, statute law is more rigid
Case law and statute law are two different types of laws that complement each other in common law countries such as the United States, the United Kingdom, Canada, and Australia. Case law refers to the law created by judges through their decisions and rulings in legal cases, as well as legal precedents and principles established through prior court decisions. Statute law, on the other hand, refers to written laws created and passed by legislative bodies such as parliaments or congresses. Statute law is often more specific than case law and can cover a broader range of legal issues.
Case law is more flexible and can evolve over time as new legal issues arise. This is because it is based on judicial interpretations of statutes and previous court decisions. When a court hears arguments in a case, it often refers to other rulings and court opinions regarding the law in question before issuing a decision. This process of interpreting and applying existing rulings and precedents is what gives case law its flexibility and capacity for evolution. For example, in the landmark case of Brown v. Board of Education, the U.S. Supreme Court ruled that segregation in public schools was unconstitutional, establishing a new legal precedent.
In contrast, statute law is more rigid as it can only be changed through the formal legislative process. Statutes are written laws that are formally enacted by legislative bodies and are binding on everyone within the covered jurisdiction. While statutory law can be amended or repealed by the legislative body, it is generally a more challenging process than amending the constitution, which serves as the supreme law. Statute law is often more specific than case law and can cover a wider range of legal issues, but it is less adaptable to changing societal norms and new legal issues.
The flexibility of case law ensures consistency throughout the legal system. It is the reason why Supreme Court cases are given such great attention, as the precedents they set will affect the rights of citizens for years to come. Lower courts are bound by the decisions of higher courts and must make consistent decisions. This doctrine, known as stare decisis, is followed in common law systems, ensuring that case law evolves in a structured and predictable manner.
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