Laws Tailored To Unique Cases: Understanding Specificity

Case law, also known as common law, is a law that is based on past judicial decisions 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. 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. The decisions are published in serial print publications called reporters and are also published electronically.

Common law

Case law, also used interchangeably with common law, is a law that is based on precedents, i.e., 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.

In common law countries, including the United States, United Kingdom, Canada, and Australia, it is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions.

In a legal setting, stare decisis 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. Lower courts may not rule against a binding precedent, even if it feels unjust; it may only express the hope that a higher court or the legislature will reform the rule in question.

Statutory law

In the United States, there are two parallel court systems: the federal and state levels. The federal level includes the US Courts of Appeals, US District Courts, the US Court of Claims, and the US Court of International Trade and US Bankruptcy Courts. The state level includes trial and appellate courts, with the highest court in each state often referred to as the "supreme" court.

Case law, or common law, is the collection of prior judicial decisions that guide judges in deciding issues before them. It is based on unique disputes resolved by courts using the concrete facts of a case, rather than abstract statutes and regulations. These judicial decisions set future precedent, which other courts are required to follow, helping to guide future rulings and interpretations of a particular law.

While statutory law is established by legislative bodies, case law or common law is based on judicial decisions and precedents. 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, and they guide future rulings and interpretations of the law.

In summary, statutory law is established by legislative bodies and is codified in laws and regulations, while case law or common law is based on judicial decisions and precedents, using the detailed facts of a case to guide future rulings and interpretations.

Administrative law

The core of administrative law is the administrative procedure, characterised by transparency, accountability, and public participation. This process is governed by frameworks such as the Administrative Procedure Act (APA) at the federal level, which ensures that rule-making and enforcement activities are conducted efficiently and fairly.

Regulatory agencies, which can be part of the executive branch or independent, play a pivotal role in safeguarding the public interest. They adapt legislative intentions to the dynamic needs of the sectors they oversee, including telecommunications and financial markets.

The law relating to public health, education, housing, and other public services could be considered part of the administrative law corpus. However, due to its sheer scope, it is often considered ancillary.

Precedent

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. By contrast, statutes and regulations are written abstractly. Case law, or precedent, is the collection of reported cases that form the body of law within a given jurisdiction. It is based upon judicial opinions by various courts, which may set future precedent.

In the United States, courts adhere to stare decisis, which means that courts respect and adhere to the precedent of previous decisions. A court does not have to stand by a decision that is not binding precedent. Generally, courts will follow the decisions of higher courts in their jurisdiction. Therefore, the effect of a court's decision on other courts will depend on both the level of the court and its jurisdiction. A decision by the US Supreme Court is binding precedent in all courts.

In the US legal system, stare decisis represents the "doctrine of precedent, under which a court must follow earlier decisions when the same points arise again in litigation." Typically, a court will deviate from precedent only if there is a compelling reason. Under "vertical" stare decisis, the decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction. For example, the US Supreme Court creates binding precedent that all other federal courts must follow. Similarly, the highest court in a state creates mandatory precedent for the lower state courts below it. Intermediate appellate courts (such as the federal circuit courts of appeal) create mandatory precedent for the courts below them. A related concept is "horizontal" stare decisis, whereby a court applies its own prior decisions to similar facts before it in the future.

Judicial decisions

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. Unlike most civil law systems, 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.

Case law plays a significant role in shaping the legal system and ensures it evolves when necessary. It can provide 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 the legal precedents that have informed previous cases. Case law develops through a process of judicial reasoning and decision-making. The parties involved in a legal dispute will present their arguments and evidence in a court of law. The judge then considers all of the legal principles, statutes, and precedents before reaching a decision. This decision, known as a judgment, becomes part of the body of case law.

In the United States, courts adhere to stare decisis, which generally means that courts respect and adhere to the precedent of previous decisions. A court does not have to stand by a decision that is not binding precedent. Generally, courts will follow the decisions of higher courts in their jurisdiction. Therefore, the effect of a court's decision on other courts will depend on both the level of the court and its jurisdiction. A decision by the United States Supreme Court is binding precedent in all courts. 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. However, it would be binding in all lower courts of the 11th Circuit.

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