Cecily Zamora
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 may be binding or merely persuasive, depending on the relationship between the deciding court and the precedent. The weight of authority is determined by factors such as the level of the court, the year of the decision, and the factual similarity of the case. Federalism also plays a role in determining the authority of case law, as each circuit has its own set of binding case law.
| Characteristics | Values |
|---|---|
| Basis | Judicial decisions |
| Nature | Interchangeable with common law |
| Jurisdiction | Differs from one jurisdiction to another |
| Binding nature | Binding or merely persuasive |
| Federalism | Plays a major role in determining the authority |
| Mandatory authority | Binding statutes and case law within the same jurisdiction |
| Persuasive authority | Non-binding |
| Primary authority | Constitutions, statutes, ordinances, rules, regulations, and case law |
| Secondary authority | Legal dictionaries, encyclopedias, journals, and books |
| Stare decisis | Lower courts are bound by the appellate courts' decisions |
| Dicta | Parts of a decision that are not crucial to the decision |
| Judicial activism | Judges arrive at a decision free of biases and sentiments |
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What You'll Learn
Case law vs. common law
Case law 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 may be used interchangeably with common law, referring to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
In common law systems, courts decide the law applicable to a case by interpreting statutes and applying precedents that record how and why prior cases have been decided. Common law systems follow the doctrine of stare decisis, by which most courts are bound by their 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 Court of Appeals follow their own previous decisions, while the Supreme Court can deviate from its earlier rulings, although this is rare.
Case law differs from one jurisdiction to another. For instance, a case in New York would rely on binding precedent from New York courts rather than case law from California. If no previous decisions exist in a specific jurisdiction, courts might consider persuasive authority from other jurisdictions, factoring in the age of the decision and its closeness to the facts of the current case.
Federalism also influences the authority of case law, as each circuit has its own binding case law. While a Ninth Circuit judgment is persuasive authority in the Second Circuit, decisions by the US Supreme Court are binding on all federal and state courts regarding constitutional and federal law issues.
Common law courts generally provide detailed explanations of the legal rationale behind their decisions, citing legislation and previous relevant judgments and interpreting wider legal principles. This analysis, called ratio decidendi, becomes a binding precedent for other courts. In contrast, civil law jurisdictions produce shorter decisions, referring only to statutes, with the expectation that the reader can deduce the logic from the decision and statutes.
Some legal systems, such as Scots Law in Scotland and civil law in Quebec and Louisiana, are influenced by the common law tradition but rooted in civil law. These mixed systems of law have historically involved less input from law professors in developing case law than civil law traditions, where academic writers are more frequently cited in legal decisions.
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Mandatory vs. persuasive authority
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. Case law may be binding or merely persuasive, depending on the relationship between the deciding court and the precedent.
Mandatory authority consists of primary sources of law and it is binding and must be followed. Some examples include constitutions, statutes, legislation, and administrative rules. However, mandatory authority is not followed in a case of first impression, i.e., when the governing jurisdiction has not decided or ruled on a particular legal issue, so there is no precedent.
Persuasive authority, on the other hand, is when a court decision is not binding but may be relied on and followed by another court. For example, a decision by a lower court is persuasive authority for a higher court. A decision by a court of one jurisdiction is also persuasive authority for courts of another jurisdiction. Persuasive authority can be used as a tool to find cases that are binding. For instance, if you are in the 9th Circuit and have found a relevant 5th Circuit case, you can use the 5th Circuit case to find 9th Circuit authority.
While it is always best to cite controlling authority, it can sometimes be useful to cite non-binding cases as relevant persuasive authority. For example, if there is little or no binding authority for your issue in your jurisdiction, you may want to cite on-point cases outside of your jurisdiction. When citing cases that are merely persuasive, it is important to explain why the court should follow that precedent.
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Primary vs. secondary authority
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law may be binding or merely persuasive, depending on the relationship between the deciding court and the precedent.
Primary authority refers to the law, which includes constitutions, statutes and ordinances, rules and regulations, and case law. These authorities form the rules that courts follow. Primary authority may be mandatory or persuasive. For example, a judgment rendered in the Ninth Circuit will not be binding in the Second Circuit but will have persuasive authority.
Secondary authority is not the law and is always persuasive. It includes legal dictionaries, encyclopedias, journals, and books and treatises. Secondary authority is valuable to the research process because it explains and analyzes the law and helps identify relevant primary authorities. For example, a South Carolina court may be persuaded by a Georgia case. The Georgia case is considered primary authority but is only persuasive for the South Carolina court.
It is important to note that federalism plays a major role in determining the authority of case law in a particular court. Each circuit has its own set of binding case law. While decisions rendered by the Supreme Court of the United States are binding on all federal courts and on state courts regarding issues of the Constitution and federal law.
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Jurisdiction
In the United States, the federal court system is organised into circuits, with each circuit having its own set of binding case law. For example, a judgment rendered in the Ninth Circuit will have persuasive authority in the Second Circuit but will not be binding. This is because courts are typically bound by precedent only within their own jurisdictions. An appellate court in one state is not required to follow the decision of the Supreme Court of another state. However, decisions by the United States Supreme Court are binding on all federal and state courts regarding issues of federal and constitutional law.
At the state level, state courts generally apply state statutes, regulations, and follow precedent from that state. For instance, South Carolina courts apply South Carolina statutes, regulations, and case law. If a state court has not ruled on a specific legal issue, it may look to decisions from other states as persuasive authority. While these out-of-state cases are not binding, they can provide guidance and influence the court's decision.
The weight given to persuasive authority can depend on various factors. Courts often give more weight to decisions from nearby states, as they may have similar legal issues and precedents. Additionally, the level of the court, the recency of the decision, and the factual similarity between cases can influence the persuasiveness of a particular case law in a given jurisdiction.
It is important to note that case law is not static, and courts can overrule their earlier holdings. Appellate courts may overturn their previous decisions, and lower courts are bound by these new rulings. This dynamic nature of case law authority allows for the evolution of legal interpretations and ensures that the law can adapt to changing societal needs and circumstances.
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Precedent
Case law is based on judicial decisions and the concrete facts of a case, rather than on constitutions, statutes, or regulations, which are written in more abstract terms. Case law, also known as common law, is the collection of precedents and authority set by previous judicial decisions on a specific issue or topic.
The weight given to precedent in case law varies depending on the jurisdiction and the level of the court that decided the previous case. In the United States, federalism plays a significant role in determining the authority of case law in a particular court. Each circuit has its own set of binding case law, so a judgment in one circuit will not be binding in another but may have persuasive authority. For example, a case in New York would be decided using New York case law, and if no previous decisions on the issue exist, New York courts might look at persuasive precedent from other jurisdictions.
The United States Supreme Court decisions are an exception, as they are binding on all federal and state courts regarding issues of federal and constitutional law. Additionally, state court decisions typically control on substantive issues of state law, even when the case is heard in a federal court.
The level of the court is also a factor in determining the weight of precedent. Decisions by the highest appellate courts are the most persuasive, followed by intermediate appellate courts and then trial courts. Recent decisions are generally more persuasive than older ones, and cases that are factually similar and address the same issues are considered "on point" and are highly persuasive.
It's important to note that while precedent guides judges' decisions, they are not absolutely bound by it. Appellate courts can overrule their earlier holdings, and judges are expected to arrive at decisions free of bias and sentiment.
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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 authority refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. Case law authority differs from one jurisdiction to another.
There are two types of case law authority: mandatory authority and persuasive authority. Mandatory authority refers to binding statutes and case law within the same jurisdiction. Persuasive authority, on the other hand, refers to cases that are not binding but can be used as a tool to find binding cases.
