Cameron Miranda
Case law, also known as common law, is a law based on precedents, or previous judicial decisions, rather than law based on constitutions, statutes, or regulations. In common law systems, courts interpret statutes and apply precedents to decide the law applicable to a case. Case law can be used interchangeably with common law and is often referred to as precedent. A ruling is an official or authoritative decision, decree, statement, or interpretation made by a judge, court, or other legal authority. Together, case law and rulings form the basis of the common law system, where previous decisions and interpretations of the law guide future decisions by judges and courts.
Characteristics of Ruling Case Law
| Characteristics | Values |
|---|---|
| Basis | Precedents, i.e., judicial decisions from previous cases |
| Binding | Binding or merely persuasive, depending on the relationship between the deciding court and the precedent |
| Applicability | Applicable to ongoing adjudication in some jurisdictions, e.g., criminal proceedings or family law |
| Interpretation | Distinguished from statutory law and regulatory law |
| Rationale | Explains the legal rationale behind decisions, with citations of legislation and previous relevant judgments |
| Analysis | Ratio decidendi (necessary analysis) and obiter dicta (further, non-necessary analyses) |
| Weight | Depends on the reputation of the reporter and the judges |
| Appeal | Litigants bear the burden of appealing rulings to higher courts |
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What You'll Learn
Case law and common law
Case law is based on judicial decisions and the facts of a case, rather than law based on constitutions, statutes, or regulations. It is used interchangeably with common law, which is case law that creates law. In common law countries, including the United Kingdom, United States, Canada, and Australia, it is used for judicial decisions of selected appellate courts, courts of first instance, and other bodies.
Common law courts explain in detail the legal rationale behind their decisions, with citations of legislation and previous relevant judgments, and they interpret wider legal principles. This analysis is called ratio decidendi, and it constitutes a precedent that is binding on other courts. Further analyses, called obiter dicta, are not necessary to the determination of the current case but can be used as persuasive authority.
In contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes. This is because civil law jurisdictions follow the tradition that the reader should be able to deduce the logic from the decision and the statutes. The different roles of case law in civil and common law traditions create differences in the way that courts render decisions.
Case law is not always common law, as it can also interpret a statute. When a statute is enacted, the language may not always be clear, so cases involving statutes may be brought to court to clarify ambiguities or interpret clauses. The court's interpretation is then applied to the case at hand, and the review of these decisions provides the case law that is published along with the statutes.
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Binding precedent
Case law, also used interchangeably with common law, is a law that is based on precedents or the judicial decisions from previous cases. The doctrine of precedent, also known as stare decisis, is one of the most important features of the law of England and Wales. It is the basis of the common law judicial decision-making process.
Stare decisis, a Latin phrase meaning "let the decision stand", is the principle by which judges are bound to past decisions, drawing on established judicial authority to formulate their positions. 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.
A lower court may not rule against a binding precedent, even if it feels that it is unjust; it may only express the hope that a higher court or the legislature will reform the rule in question. If a judge acts against precedent, and the case is not appealed, the decision will stand.
It is important to note that only the reason for the decision of the majority can constitute a binding precedent, but all may be cited as persuasive, or their reasoning may be adopted in an argument.
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Civil law systems
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. These past decisions are called "case law" or precedent.
Civil law, on the other hand, is a legal system rooted in the Roman Empire. It was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's Bürgerliches Gesetzbuch (1900). Civil law is the most common legal system in the world, practiced in about 150 countries. It is often contrasted with the common law system, which originated in medieval England. While civil law takes the form of legal codes, common law comes from uncodified case law that arises as a result of judicial decisions, recognising prior court decisions as legally binding precedent.
Civil law jurisdictions place little reliance on court decisions, but they tend to generate a large number of reported legal opinions. However, this is uncontrolled, as there is no statutory requirement that any case be reported or published in a law report, except for the councils of state and constitutional courts. Except for the highest courts, all publication of legal opinions is unofficial or commercial.
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. While civil law judges tend to give less weight to judicial precedent, common law systems follow the doctrine of stare decisis, by which most courts are bound by their own previous decisions in similar cases.
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Common law courts
Ruling case law, also known as common law, is a body of unwritten laws based on legal precedents established by the courts. It is deeply rooted in the Latin phrase stare decisis, which means "to stand by things decided". In other words, common law courts follow precedents established by previous decisions.
Common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries following the Norman Conquest in 1066. It established a unified legal system, gradually supplanting the local folk courts and manorial courts.
Common law is practised in several countries, including the United States, the United Kingdom, Australia, Canada, Hong Kong, India, and New Zealand. In a common law jurisdiction, several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts, then locate any relevant statutes and cases, and then extract the principles, analogies, and statements by various courts. Decisions of higher courts or legislatures carry more weight than those of lower courts.
Common law systems maintain precedents over time through court records, historically documented in collections of case law referred to as yearbooks and law reports. In the United States, private sector publishers like West Publishing in Minnesota often add indexing, references to key principles of common law, and editorial analysis to law reports.
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The role of judges
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges in deciding future cases. It is based on the doctrine of stare decisis, which means "let the decision stand". This means that judges are bound by past decisions, drawing on established judicial authority to formulate their positions. Case law is distinct from statutory law, which is enacted by legislative bodies, and regulatory law, which is established by executive agencies based on statutes.
In common law systems, such as in England, lower courts are generally bound by the decisions of higher courts. For example, the High Court and the Court of Appeals in England are bound by their own previous decisions. However, the Supreme Court can deviate from its earlier decisions, although it rarely does so. In some cases, a lower court may express disagreement with a binding precedent and hope for reform by a higher court or the legislature.
Judges must also be mindful of the differences between common law and civil law traditions in their decision-making process. Common law courts tend to provide detailed explanations of the legal rationale behind their decisions, including citations of legislation and previous relevant judgments. In contrast, civil law jurisdictions typically issue shorter decisions, referring only to statutes, as they adhere to the tradition that the reader should deduce the logic from the decision and the statutes.
Additionally, judges may have the power to set precedents that are binding on future applications of the law. For example, in Sweden, the two highest courts, the Supreme Court and the Supreme Administrative Court, have the right to set precedents that are practically binding, although not formally.
Overall, the role of judges in ruling case law is crucial in interpreting and applying the law, considering precedents, and contributing to the evolution of legal principles through their decisions.
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Frequently asked questions
Case law, also known as precedent or common law, is a law based on precedents, or the judicial decisions from previous cases.
A ruling is an official or authoritative decision, decree, statement, or interpretation, such as a judge's decision on a point of law.
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.
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. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.
