Kara Sears
Case law, also used interchangeably with common law, is a law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that has been resolved by courts or similar tribunals. These past decisions are called case law or precedent. Stare decisis, a Latin phrase meaning let the decision stand, is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
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What You'll Learn
Case law and common law
Case law, also used interchangeably with common law, is a law that is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law" or precedent. Stare decisis, a Latin phrase meaning "let the decision stand", is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication, for example, in criminal proceedings or family law.
In the common law tradition, 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 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, since the Practice Statement of 1966, the Supreme Court of the United Kingdom can deviate from its earlier decisions, although in practice it rarely does.
The different roles of case law in civil and common law traditions create differences in the way that courts render decisions. 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 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.
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, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue, relying on binding precedent. If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, which would be persuasive authority rather than binding authority. Other factors, such as how old the decision is and the closeness to the facts, will affect the authority of a specific case in common law.
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Precedent and stare decisis
Case law is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. It uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law" or precedent.
Stare decisis, a Latin phrase meaning "let the decision stand" or "to stand by things decided", is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. In other words, stare decisis holds that courts and judges should honour precedent, or the decisions, rulings, and opinions from prior cases. Respect for precedents gives the law consistency and makes interpretations of the law more predictable.
The doctrine of stare decisis operates both horizontally and vertically. Vertical stare decisis, the idea that the decisions of higher courts take precedence over the decisions of lower courts, is deeply entrenched in the American legal system. This idea is part of what makes the Supreme Court "supreme". On the other hand, horizontal stare decisis holds that prior decisions made by courts at a particular appellate level (such as a federal court of appeals) should provide some precedent for cases heard by courts of the same appellate level.
While stare decisis is a foundational concept in the American legal system, it is not without its nuances and limits. For example, judges may offer reasons or legal nuances to avoid following precedential decisions or to outright overturn prior rulings, especially when societal changes or developments in legal reasoning render the precedent unhelpful or unjust.
Furthermore, stare decisis may impede the general advancement of law as society's beliefs and conditions evolve. As such, while stare decisis promotes consistency and predictability, it must be balanced with the need for flexibility and adaptability in the legal system.
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Civil law systems
Case law, also referred to as common law, is a law based on precedents. It is a judicial decision from previous cases rather than a law based on constitutions, statutes, or regulations. Case law is distinguished from statutory law, which is enacted by legislative bodies, and regulatory law, which is established by executive agencies based on statutes.
Civil law, on the other hand, is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated in the 19th century, particularly with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). It is the most common legal system in the world, practiced in about 150 countries. Civil law systems are characterized by their reliance on legal codes that function as the primary source of law. These codes are a systematic collection of interrelated articles, arranged by subject matter in a pre-specified order. They explain the principles of law, rights, and entitlements, and how basic legal mechanisms work. The purpose of codification is to provide all citizens with a written collection of the laws that apply to them and that judges must follow.
While civil law jurisdictions produce a large number of reported legal opinions, they place little reliance on court decisions. Their decisions are generally shorter, referring only to statutes, and the reader should be able to deduce the logic from the decision and the statutes. In contrast, common law courts explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, often interpreting wider legal principles. The analysis, called ratio decidendi, then constitutes a precedent binding on other courts.
In civil law systems, only legislative enactments are considered binding for all. There is limited scope for judge-made law in civil, criminal, and commercial courts, although in practice, judges tend to follow previous judicial decisions. Constitutional and administrative courts can nullify laws and regulations, and their decisions in such cases are binding for all.
The legal systems of the Nordic countries are sometimes included among civil law systems but as a separate branch. In Sweden, for example, case law plays a more important role than in some Continental codified law systems. The two highest courts, the Supreme Court and the Supreme Administrative Court, have the right to set a precedent that is binding in practice but not formally.
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The role of higher and lower courts
Case law, also known as common law, is a law based on precedents or the judicial decisions of previous similar cases, rather than law based on constitutions, statutes, or regulations. It is a collection of reported cases that form the body of law within a given jurisdiction. Common law systems follow the doctrine of stare decisis, which means "let the decision stand", and by which most courts adhere to their own previous decisions in similar cases.
Lower courts may not rule against a binding precedent, even if they feel it is unjust. They may only express the hope that a higher court or legislature will reform the rule in question. If a lower court believes that developments or trends in legal reasoning render the precedent unhelpful, it may hold that the precedent is inconsistent with subsequent authority, or that it should be distinguished by some material difference between the facts of the cases.
While higher courts do not have direct oversight over lower courts, litigants can appeal lower court rulings to the higher courts. If a judge acts against precedent and the case is not appealed, the decision will stand.
In some jurisdictions, such as the United States, each circuit has its own set of binding case law. A judgment rendered in one circuit will not be binding in another but will have persuasive authority. Decisions by the Supreme Court, however, are binding on all federal courts and on state courts regarding issues of the Constitution and federal law.
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Case law in practice
Case law, also known as common law, is a law based on precedents or the judicial decisions of previous similar cases, rather than law based on constitutions, statutes, or regulations. It is a collection of reported cases that form the body of law within a given jurisdiction. It uses the detailed facts of a legal case that has been resolved by courts or similar tribunals. These past decisions are called "case law" or precedent.
Case law is used interchangeably with common law, which is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries. It is a system that promotes stability and consistency in the legal justice system.
In common law traditions, 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 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 the US, a decision by the United States Supreme Court is binding precedent in all courts, while a decision by the United States Court of Appeals for the 11th Circuit would not be binding on the United States Supreme Court or courts from another circuit.
In practice, case law is used by lawyers and courts to resolve later cases involving similar facts and legal issues. Attorneys use published case law as a means to interpret the law. Cases generally start when one party files a complaint against another party or a prosecutor files a criminal charge with a trial-level court. During the trial, the judge or the judge and jury hear all the arguments, evidence, and witnesses and then issue a decision. If the lawyers or parties believe that the trial court made a mistake, they can file an “appeal” to request that the appellate court correct the “error".
Appellate courts issue decisions in response to requests from parties seeking to review lower court cases. These courts rule on questions of law, which means they consider legal issues and the laws that should be applied and how they should be interpreted. The legal rules these appellate court cases establish are then used to resolve later cases involving similar facts and legal issues.
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