Cameron Miranda
Case law, also known as precedent or common law, is a key component of the legal system. It refers to the law established following a decision made by a judge or judges. 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, shaping future rulings and interpretations of a particular law. In common law countries, such as the United Kingdom, United States, and Australia, case law is crucial for providing guidance, consistency, and precedent in legal interpretations and rulings. Judicial decisions contribute to the body of legal precedents, and these precedents are binding and must be followed by lower courts. Case law plays a significant role in the evolution of the legal system, ensuring consistency in court rulings and providing clarity to legal professionals on how laws are interpreted and applied in practice.
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What You'll Learn
Common law courts
Common law is deeply rooted in stare decisis, a Latin term meaning "to stand by things decided". In common law, courts follow precedents established by previous decisions. When a similar case has already 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 a new precedent.
In common law jurisdictions, several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts. Then, one must locate any relevant statutes and cases. Next, one must extract the principles, analogies, and statements by various courts to determine how the next court is likely to rule on the facts of the present case. Finally, one integrates all the lines drawn and reasons given and determines "what the law is", which is then applied to the facts.
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Civil law jurisdictions
Case law is a key component of the legal system, with a crucial role in shaping the law as we know it. It is established following a decision made by a judge or a panel of judges, and it is developed by interpreting and applying existing laws to a specific situation.
Civil law, one of the two main types of legal systems in the world, is a legal system rooted in the Roman Empire. It was comprehensively codified and disseminated in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Civil law is the world's most common legal system, practiced in about 150 countries.
Civil law systems are characterized by their reliance on legal codes that function as the primary source of law. Unlike common law systems, civil law jurisdictions place less weight on judicial precedent. For example, the Napoleonic Code expressly forbade French judges from pronouncing general principles of law. There is no doctrine of stare decisis ("stand by decisions") in the French civil law tradition. While civil law jurisdictions place little reliance on court decisions, they tend to generate a large number of reported legal opinions. Decisions in civil law jurisdictions are generally shorter, referring only to statutes. The reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be able to deduce the logic from the decision and the statutes.
Examples of civil law jurisdictions include France, Italy, the Netherlands, Spain, Chile, Belgium, Luxembourg, Portugal, Brazil, Mexico, other CPLP countries, Macau, former Portuguese colonies in India (Goa, Daman and Diu and Dadra and Nagar Haveli), Malta, Romania, and most of the Arab world (e.g. Algeria, Tunisia, Egypt, Lebanon, etc.) when Islamic law is not used. Former colonies include Quebec (Canada) and Louisiana (US.).
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Judicial decisions
In common law countries, case law is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions. 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 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. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.
The doctrine of stare decisis, a Latin phrase meaning "to stand by decisions", dictates 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, there may be instances where a court overturns its precedent, such as in the case of R v Jogee, where the Supreme Court of the United Kingdom ruled that it and the other courts of England and Wales had misapplied the law for nearly 30 years.
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Doctrine of stare decisis
The doctrine of stare decisis is a foundational concept in the American legal system, derived from the eighteenth-century English common law. Stare decisis is a Latin term that means "let the decision stand" or "to stand by things decided".
Under this doctrine, courts adhere to precedent in their decision-making. In other words, judges are bound to follow the decisions, rulings, and opinions from prior cases when overseeing an ongoing case with similar circumstances. This gives the law consistency and makes interpretations of the law more predictable.
The doctrine operates both horizontally and vertically. Horizontal stare decisis holds that prior decisions made by courts at the same appellate level should provide precedent for future cases heard by courts of the same level. Vertical stare decisis, on the other hand, dictates that the decisions of higher courts take precedence over the decisions of lower courts. This is a deeply entrenched principle in the American legal system and contributes to the authority of the Supreme Court.
While stare decisis promotes legal stability and consistency, it is not without its limitations and critics. Courts may depart from stare decisis if following precedent would lead to unjust outcomes. Judges may offer legal nuances or reasons to deviate from precedents or overturn prior rulings. As society evolves and changes, interpretations of prior decisions may also evolve, and the doctrine may impede the general advancement of the law by applying an outdated "one size fits all" approach.
In rare cases, the U.S. Supreme Court has reversed its own previous rulings. The most recent and controversial example is the overturning of Roe v. Wade in 2022, which legalized abortion in 1973.
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Law reports
Case law is a key component of the legal system in common law countries, including the United Kingdom, the United States, Canada, Australia, and others. It is established following a decision made by a judge or a group of judges, shaping future rulings and interpretations of a particular 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, providing consistency in court rulings.
Official law reports are authorized for publication by statute or other governmental ruling, providing an authoritative, consistent, and authentic statement of a jurisdiction's primary law. In contrast, unofficial law reports are not officially sanctioned and are published as a commercial enterprise. Unofficially published court opinions may be released before official opinions, but once a court opinion is officially published, case citation rules require citing the official reports.
A law report typically includes the citation reference, the name of the case (usually the parties' names), catchwords for information retrieval, and a headnote summarizing the case, the holding, and any relevant case law considered. The report also includes a recital of the facts of the case, the arguments of counsel, and the judgment, which is a verbatim transcript of the judge's reasoning. The judgment is the only authoritative item in a law report, while the others provide context and understanding.
The modern doctrine of the binding force of judicial precedent emerged with the development of good law reporting and a settled judicial hierarchy. Law reports play a crucial role in the legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. They contribute to the growing body of legal precedents that shape future judicial decisions.
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Frequently asked questions
Case law is a law established following a decision made by a judge or group of judges. It is a key component of the legal system and helps to shape the law as we know it.
In common law countries, case law is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions. Common law courts explain the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret wider legal principles.
Stare decisis is a Latin phrase that means "to stand by decisions". It refers to the principle that decisions made by higher courts are binding on lower courts, promoting fairness and stability throughout common law and the legal system.
You can refer to the Finding Case Law tab in guides for a list of databases that hold UK reports. The University of Oxford's Law Reports page includes an overview of Law Reports, their structure, and hierarchy. Reports published between 1537 and 1865 are referred to as nominate reports and are published under the name of the reporter.
