Gavin Howe
Case law, also known as common law, is a law that is based on precedents or the judicial decisions from previous cases. It is a key component of the legal system in common law countries, including the United Kingdom, United States, Canada, Australia, and others. Case law is developed through a process of judicial reasoning and decision-making, where judges interpret and apply existing laws to specific situations, setting legal precedents that guide future rulings. The United States Supreme Court, for example, has been making decisions since 1759, and its rulings are binding on all federal and state courts. Case law is dynamic and evolving, with precedents sometimes being overruled or distinguished as legal reasoning develops over time.
| Characteristics | Values |
|---|---|
| Definition | Case 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. |
| Other names | Precedent, common law |
| Sources | Legal encyclopedias, published work of the Law Commission or the American Law Institute, statutory powers, etc. |
| Examples | The United States Supreme Court, U.S. Courts of Appeals, U.S. District Courts, etc. |
| Recent updates | Case Law Update provides brief summaries of select Supreme Court and appellate court decisions involving federal sentencing. |
| Archives | The United States Sentencing Commission has an archive of yearly amendments and Guidelines Manuals dating back to 1987. |
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What You'll Learn
Case law and common law
Case law is law derived from judicial decisions as opposed to law based on constitutions, statutes, or regulations. It is also known as precedent or common law. Common law is case law that creates law. It is used in areas where there is no statutory law governing the relevant issues, such as torts or contracts. Common law is also referred to as judge-made law.
In common law countries, including the United Kingdom, United States, Canada, and Australia, common 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 the wider legal principles. The analysis then constitutes a precedent binding on other courts.
Case law may be binding or merely persuasive depending on the relationship between the deciding court and the precedent. For example, decisions by the U.S. Supreme Court are binding on all federal and state courts. However, a decision by the U.S. Court of Appeals for the Fifth Circuit is binding only on federal district courts within the Fifth Circuit.
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.
In some pluralist systems, such as Scots Law in Scotland, the law does not precisely fit into the common or civil law system classifications. These types of systems may have been influenced by the common law tradition, but their substantive law is rooted in the civil law tradition. These mixed systems of law are referred to as occupying the space between the two main systems of law.
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Judicial decisions and precedents
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in deciding issues before them. It is a key component of the legal system in common law countries, including the United Kingdom, United States, Canada, Australia, and others. Case law is based on precedents, or the judicial decisions from previous cases, rather than laws based on constitutions, statutes, or regulations. It uses the detailed facts of a legal case that have been resolved by courts or similar tribunals.
Judicial decisions are key to developing case law as each decision contributes to the body of legal precedents that shape future rulings. Judges consider legal principles, statutes, and precedents before reaching a decision. This decision, known as a judgment, becomes part of the body of case law. Case law is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary. This process sets a legal precedent that other courts are required or bound to follow, depending on the relationship between the deciding court and the precedent. For example, decisions by the U.S. Supreme Court are binding on all federal and state courts.
Case law helps establish new principles and redefine existing ones, providing clarity and guidance to legal professionals on how laws are interpreted and applied in real-life situations. It also helps ensure consistency in court rulings by drawing on legal precedents. In some jurisdictions, case law can be applied to ongoing adjudication, such as criminal proceedings or family law.
To find and interpret case law, it is important to identify the relevant jurisdiction and use the appropriate digest for that jurisdiction. Case law can be found in law reports or transcripts. A transcript is a written record of the court's judgment, while a law report is generally written when the case sets a precedent. Case law research involves examining the topics and key numbers covering the key points of law in a case and then looking for annotations to other relevant cases under those topics and key numbers in the relevant digest. It is also useful to identify words or phrases that describe the topic of interest, such as the parties, places, acts, and defenses involved.
Case law is subject to change and evolution. If a court believes that developments or trends in legal reasoning render a precedent unhelpful, it may hold that the precedent is inconsistent with subsequent authority or that there is a material difference between the facts of the cases. This can lead to appeals and the setting of new precedents of higher authority.
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Transcripts and law reports
Law reports, on the other hand, are highly processed accounts of a case and are written by law reporters, who are trained barristers and solicitors. They are produced when a case makes a change to the law and are always published in a series. Law reports contain all the components of a transcript but are edited to enhance readability. This includes adding keywords, reformatting the text, and correcting spelling mistakes. They also include a summary of the facts and the court's decisions, providing context to the judgment. Catchwords are also included, which help identify the case's position in a taxonomy of legal subject matters and encapsulate the issues and relevant provisions.
It is important to note that neither transcripts nor law reports constitute precedent. While they contain the judgment of the court, they represent the interpretation of the reporter. However, they are valuable as they aid in quickly digesting information and facilitating faster decision-making.
In terms of accessibility, transcripts are often available soon after a judgment is handed down, especially on platforms like BAILII or Westlaw. However, in cases of extempore judgments, transcripts may only be accessible via subscription databases. Law reports, being more processed, are selected by publishing houses, which can result in information gaps as not every case is reported.
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Statutory powers and persuasive authority
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding on issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. For example, a decision by the U.S. Court of Appeals for the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting in California (whether a federal or state court) is not strictly bound to follow the Fifth Circuit’s prior decision.
Persuasive authority, unlike mandatory authority, describes a source of law—primary or secondary—that carries some authoritative weight but does not bind a court. The ultimate goal of legal research is to find the relevant primary law (statutes, regulations, cases, etc.) that governs your legal issue. Ideally, you are looking for mandatory authority—that is, primary law that is binding on the court that you are appearing before. However, if you can't locate mandatory authority, you may have to resort to persuasive authority, which is primary law that is not binding but may be useful to cite to 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, rather than binding, it is important to explain why the court should follow that precedent. Such explanations may include:
- Although the court in question has not decided the issue, every other court that has heard the issue has come to the same conclusion.
- The decision from the other court is based on statutory language, public policy considerations, etc., identical to what is at issue before the court.
- The decision from the other court is factually indistinguishable from the current case.
- The other decision is the most recent authority available on the topic.
The United States Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The Commission promulgates guidelines that judges consult when sentencing federal offenders. When the guidelines are amended, a subsequent Guidelines Manual is published. The Commission collects, analyzes, and disseminates information on federal crime and sentencing practices. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community.
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Binding and non-binding sources
Case law, also known as legal precedent, is a collection of past court decisions that have interpreted and applied the law to specific factual situations. It is an essential source of law that plays a significant role in shaping the legal landscape. The United States Constitution is the supreme law of the land, and all courts, federal and state, are bound by the decisions of the U.S. Supreme Court on U.S. Constitutional and other issues of federal law.
Binding sources of case law refer to court decisions that must be followed by lower courts within the same jurisdiction. When a court makes a ruling on a legal issue, it sets a precedent that serves as a guide for future similar cases. This means that lower courts within the same jurisdiction are obligated to follow and apply the legal principles established by higher courts in previous cases. For example, the 9th Circuit is the federal circuit court for California, and the Central District of California is the federal district court for Los Angeles. Therefore, 9th Circuit opinions are binding in the Central District of California.
In addition to U.S. Supreme Court rulings, other sources of binding case law include federal and state statutes, state constitutions, and administrative law. Administrative law is made by government agencies based on laws passed by federal or state legislators and can be found in the Code of Federal Regulations.
Non-binding sources of case law, also known as persuasive authority, refer to precedents that courts do not have to follow. However, they can be used to persuade the court to rule in a certain way. Non-binding sources can include cases from higher courts in different jurisdictions or cases with similar facts and legal issues but are not legally binding on the court hearing the current case. For example, a state precedent case has no authority in a federal court unless the legal issue requires the application of state law. In such cases, decisions of the state supreme court would be binding, while decisions of the state court of appeals may be considered persuasive authority.
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Frequently asked questions
Case law, also known as precedent or common law, is a law that is based on precedents or the judicial decisions from previous cases.
Case law develops through a process of judicial reasoning and decision-making. The parties involved in a legal dispute present their arguments and evidence in court. The judge then considers all the legal principles, statutes, and precedents before reaching a decision.
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 law and ensures that it evolves when necessary.
Case law is used by judges to interpret and apply existing laws to specific situations and to clarify them when necessary. This process sets a legal precedent that other courts are required to follow, guiding future rulings and interpretations of a particular law.
Case law is valid indefinitely until it is overruled by a higher court or the law itself is changed. However, it is important to note that case law can evolve over time as new precedents are set, and previous decisions may no longer be considered suitable.
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