Gavin Howe
Case law is a key component of the legal system, and refers to the collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial decisions and opinions, which may set future precedent. In common law countries, including the United States, United Kingdom, Canada, and Australia, case law is used for judicial decisions of selected appellate courts, courts of first instance, and other bodies discharging adjudicatory functions. These decisions contribute to the body of legal precedents that shape future rulings, and are binding and must be followed by lower courts. Legislation, on the other hand, refers to the laws that are enacted by a legislative body and are usually found in constitutions, statutes, or regulations.
| Characteristics | Values |
|---|---|
| Definition | Case law is the collection of reported cases that form the body of law within a given jurisdiction. |
| Basis | Case law is based on judicial decisions, opinions, or interpretations of existing laws in unique disputes. |
| Binding nature | Decisions made by higher courts are binding on lower courts. |
| Exceptions | A lower court may not rule against a binding precedent, but it may express the hope that a higher court or the legislature will reform the rule in question. |
| Jurisdiction | Case law differs from one jurisdiction to another. |
| Sources | Sources of case law include law reports, transcripts, and published opinions from appellate courts. |
| Common law countries | The United Kingdom, United States, Canada, Australia, New Zealand, South Africa, Singapore, Ireland, India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Israel, and Hong Kong. |
| Mixed systems | Scots law in Scotland, civil law in Quebec and Louisiana. |
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What You'll Learn
Case law and legislation in common law countries
Case law and legislation are two essential components of the legal system in common law countries. Common law, also known as 'case law', is deeply rooted in the principle of stare decisis, which means "to stand by things decided". This means that courts follow precedents established by previous decisions. When a similar case is encountered, courts typically align their reasoning with the precedent set in previous decisions. This helps to ensure consistency in court rulings.
In common law countries, such as the United Kingdom, United States, Canada, Australia, and others, case law is used for judicial decisions of selected appellate courts, courts of first instance, and other adjudicatory bodies. These courts interpret statutes and apply precedents, recording how and why prior cases have been decided. Common law systems, therefore, place a great emphasis on judicial decisions, with decisions of higher courts being binding on lower courts.
However, in a "case of first impression", where no precedent exists or there is a lack of clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. This process of common law evolution occurs gradually over time, allowing the law to change substantially without sharp breaks, thereby reducing disruptive effects.
In contrast to common law, civil law systems, prevalent in Central and Eastern European and East Asian countries, are codified systems based on Roman law. Civil law jurisdictions tend to have written constitutions based on specific codes that enshrine basic rights and duties. Decisions in these jurisdictions are generally shorter, referring only to statutes, with less emphasis on previous judicial decisions.
In common law countries, the process of legislation is intricate and lengthy. It involves multiple stages, including committee systems, debates, voting, and approval processes. This makes it challenging to initiate legislative changes compared to the gradual evolution of common law through judicial decisions and precedent-setting.
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The role of case law in civil law jurisdictions
Case law is a crucial element of the legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. It is the collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial opinions by various courts, which may set future precedent.
In common law countries, such as the United Kingdom, United States, and Canada, case law is used for judicial decisions of selected appellate courts, courts of first instance, and other adjudicatory bodies. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, often interpreting wider legal principles. This analysis, called ratio decidendi, then constitutes a precedent binding on other courts.
By contrast, civil law jurisdictions, such as those in Quebec and Louisiana, adhere to a tradition of concise decisions that refer only to statutes, allowing the reader to deduce the logic from the decision and the statutes. Court decisions in civil law traditions are historically brief and not formally conducive to setting precedent. Thus, much of the interpretation of the law in civil law traditions is done by academics rather than judges, and this is called doctrine.
However, some civil law systems, such as those in the Nordic countries, do play a significant role in shaping the law. For example, Sweden's two highest courts, the Supreme Court and the Supreme Administrative Court, have the right to set precedent, which is binding in practice, though not formally.
Therefore, while civil law jurisdictions generally do not rely on case law to the same extent as common law systems, it can still play a role in shaping the law and guiding future rulings within these jurisdictions.
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How case law shapes the legal system
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 a group of judges. It 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, guiding future rulings and interpretations of a particular law. Case law plays a significant role in shaping the legal system and ensures that it evolves when necessary. It provides clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations and helps ensure consistency in court rulings by drawing on legal precedents.
In common law countries, including the United States, the United Kingdom, Canada, Australia, and others, 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 generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret 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 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 be able to deduce the logic from the decision and the statutes. Some systems, such as Scots law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, do not fit neatly into the dual common-civil law system classifications. These systems may have been influenced by the Anglo-American common law tradition, but their substantive law is rooted in the civil law tradition.
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. In some jurisdictions, case law can be applied to ongoing adjudication, such as criminal proceedings or family law.
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The doctrine of stare decisis
The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent. For example, if a court of appeals adheres to the ruling of a previous 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 a federal court of appeals adheres to a previous ruling from the U.S. Supreme Court, that would be vertical stare decisis.
While courts generally adhere to stare decisis, there are exceptions. In certain circumstances, such as when prior decisions are deemed "unworkable or badly reasoned", the U.S. Supreme Court may choose not to follow precedent. Additionally, stare decisis is not an "inexorable command", and appellate courts are not bound by precedent when there is a significant change in circumstances or an error in legal analysis. In such cases, courts may offer reasons or legal nuances to avoid following precedential decisions or to overturn prior rulings.
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The process of researching case law
Identify the Legal Issue and Relevant Jurisdiction
Understand the specific legal problem and the desired outcome. Determine whether the issue is federal or state-level, as this will impact your research strategy.
Develop a Research Plan
Create a list of search terms, including unique facts, synonyms, and related legal concepts. Identify the primary authority sources you need to search (federal, state, or both) and the types of sources (statutes, regulations, and cases).
Consult Secondary Sources
Start your research with secondary sources, such as treatises or journals, to gain an overview of the topic. Consult annotated codes, such as the United States Code Annotated, to find citations to relevant case law. Digests can also be useful for indexing cases in the National Reporter system.
Search for Statutes and Regulations
Locate the pertinent statutes and regulations. Use annotated versions to access vital information, such as a list of cases that cite the statute. Search for administrative regulations related to the relevant statutes.
Search for Case Law
Look for case law interpreting the statutes and regulations you have identified. If there are no applicable statutes or regulations, search for mandatory case law.
Refine and Expand Your Search
Identify new search terms and legal concepts as you progress. Consider searching for persuasive authority or contrary authority to anticipate potential arguments from the opposing side. Utilize a research log to track your search terms and sources.
Verify and Update Your Research
Ensure that your research is based on current laws and court opinions. Statutes and regulations can change over time, so it is essential to verify that your sources are up-to-date.
Locate Specific Cases
If you have a case citation, you can use it to locate the case quickly. Case citations follow a structured format that includes volume and page numbers. If you don't have a citation, use the Descriptive Word Index to find cases related to your topic.
Remember that legal research is an iterative process, and you may need to adapt your strategy as you gain a deeper understanding of the legal issue.
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Frequently asked questions
Case law is a law that is established following a decision made by a judge or a group of judges. It is based on judicial decisions rather than law based on constitutions, statutes, or regulations.
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, which guides future rulings and interpretations of a particular law.
Case law is a collection of reported cases that form the body of law within a given jurisdiction. Legislation, on the other hand, refers to the laws that are enacted by a legislative body, such as Congress or Parliament.
Case law is a crucial element of the legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. It helps to shape the legal system and ensures that it evolves when necessary.
Case law differs from one jurisdiction to another as it is based on the unique disputes resolved by courts within that jurisdiction. For example, a case in New York would be decided using New York case law, which may differ from the case law in California.
