Cameron Miranda
Case law, also known as common law, is the body of law that is based on judicial decisions and opinions rather than on constitutions, statutes, or regulations. It is deeply rooted in the doctrine of stare decisis, which means to stand by things decided, where courts adhere to precedents established by previous rulings. Case law is used in common law countries, including the United States, the United Kingdom, Canada, and others, and is an important source of law for attorneys and researchers.
| Characteristics | Values |
|---|---|
| Name | Common law, judicial precedent, judge-made law, or case law |
| Type of Law | Body of law developed from judicial opinions or decisions over time |
| Basis | Precedent, judicial rulings made in previous similar cases |
| Decision Maker | Presiding judge |
| Philosophy | Stare decisis ("to stand by things decided") |
| Jurisdiction | Common law countries (UK, US, Canada, Australia, etc.) |
| Court Decisions | Interpreting statutes and applying precedents |
| Doctrine | Stare decisis, following previous decisions in similar cases |
| Court Hierarchy | Higher courts, lower courts |
| Sources | Binding and persuasive authority, academic writers, legal encyclopedias |
| Procedure | Adversarial system |
| Purpose | Compensating for wrongful acts, developing law for contracts |
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What You'll Learn
Common law
The form of reasoning used in common law is known as casuistry or case-based reasoning. Common law, as applied in civil cases, was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as a means of developing the body of law recognizing and regulating contracts. The type of procedure practised in common law courts is known as the adversarial system, which is also a development of common law.
Today, approximately one-third of the world's population lives in common law jurisdictions or in mixed legal systems that integrate common law and civil law. Common law countries include the United Kingdom, United States, Canada, Australia, New Zealand, India, and South Africa, among others.
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Precedent and stare decisis
The body of case law is called common law. Common law is deeply rooted in the concept of stare decisis, which means "to stand by things decided" in Latin. This concept is based on the idea that courts should adhere to precedent when making their decisions. In other words, judges should follow the decisions, rulings, and opinions made in previous similar cases. This gives the law consistency and makes interpretations of the law more predictable.
Stare decisis is a foundational concept in the American legal system and is also followed in other common law countries, including the United Kingdom, Canada, Australia, and India. It operates both vertically and horizontally. Vertical stare decisis holds that the decisions of higher courts take precedence over the decisions of lower courts. This is a deeply entrenched principle in the American legal system and is part of what gives the Supreme Court its authority. Horizontal stare decisis, on the other hand, states that prior decisions made by courts at the same appellate level should provide precedent for future cases heard by courts at that level.
While stare decisis is a crucial concept in the legal system, it is not without its limitations. Judges are not required to follow precedent if doing so would lead to an unjust outcome. In such cases, judges may offer legal nuances or reasons for departing from precedent or may even overturn prior rulings. For example, in Brown v. Board of Education (1954), the Supreme Court overturned the precedent set in Plessy v. Ferguson (1893), recognizing that racially segregated schools violated the Constitution.
Additionally, stare decisis may impede the advancement of the law as society and its beliefs change. As such, it is not a static doctrine and must be applied with logical variation to account for evolving cultural, social, economic, and other conditions. For instance, in Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court overturned Roe v. Wade, demonstrating that precedent can be overturned, even in highly controversial cases.
In summary, stare decisis is a critical concept in the common law system, promoting consistency and predictability in legal decisions. However, it must be balanced with the need for flexibility and the evolution of society's beliefs and values.
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Case-based reasoning
In law, CBR is used to supplement rule-based expert systems, improving their ability to reason about statutory predicates, solve problems efficiently, and explain their results. It is particularly useful in legal practice as it can help transform ill-structured problems into better-structured ones through the use of case comparisons. CBR can also contribute to the design of intelligent legal data retrieval systems and improve legal document assembly programs.
CBR in law is closely related to cognitively inspired CBR, which is tied to recall and process adaptation. It requires a priori domain knowledge that is gleaned from past experience and establishes connections between symptoms and causes. This knowledge is referred to as shallow, compiled, evidential, history-based, or case-based knowledge. CBR in law can be contrasted with rule-based reasons, which have limitations in terms of limiting delay, limited knowledge of future context, and the limit of negotiated agreement.
In the legal context, CBR involves the use of case law or common law, which is the body of law developed through judicial decisions rather than statutes. Case law involves the analysis and interpretation of previous cases to determine the precedents and authority relevant to a current case. While case law is used interchangeably with common law, it differs from one jurisdiction to another. For example, a case in New York would be decided using New York case law, which may involve referencing precedents from other jurisdictions as persuasive authority rather than binding authority.
Overall, case-based reasoning is a prominent strategy in law, providing a powerful method for computer reasoning and human problem-solving. It has been formalized as a four-step process: retrieve, reuse, revise, and retain.
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Judicial precedent
Case law, also known as common law, is the body of law that is primarily developed through judicial decisions and opinions rather than statutes. It is deeply rooted in the doctrine of stare decisis, which means "to stand by things decided" in Latin. This doctrine dictates that courts adhere to precedents established by previous rulings in similar cases.
The common law system, including countries like the United Kingdom, United States, Canada, Australia, and India, relies on case law for judicial decisions. In these jurisdictions, courts interpret statutes and apply precedents from previous cases when deciding on new cases. The presiding judge determines which precedents to apply in each case.
When a similar case has already been resolved, courts typically follow the precedent set in that decision. However, in a "case of first impression" without any applicable precedent or clear legislative guidance, judges have the authority to establish new precedent. In such instances, judges may refer to various types of persuasive authority, such as legal encyclopedias or academic writings, to implement reasoning that may deviate from existing case law.
While higher courts generally do not have direct oversight over lower courts, they can overturn their own previous decisions or those of lower courts if a compelling reason arises. For example, in R v Jogee, the Supreme Court of the United Kingdom ruled that it and other courts had misapplied the law for nearly 30 years.
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Federalism and case law
Case law, also known as common law, is the body of law that is primarily developed through judicial decisions rather than statutes. It is deeply rooted in the doctrine of stare decisis, which means "to stand by things decided". This means that courts follow precedents established by previous decisions. In the common law tradition, courts interpret statutes and apply precedents to determine the law applicable to a case.
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. For example, a judgment in the Ninth Circuit will have persuasive authority in the Second Circuit but will not be binding. On the other hand, decisions made by the Supreme Court of the United States are binding on all federal courts and state courts regarding constitutional and federal law issues.
The role of case law in common law and civil law traditions influences how courts render decisions. Common law courts tend to provide detailed explanations of the legal rationale behind their decisions, citing both legislation and previous relevant judgments. They also interpret wider legal principles, and this analysis constitutes a precedent that is binding on other courts. An example of the US Supreme Court interpreting the Constitution is seen in the case of McBride v. Madison, where the Court struck down a law requiring state CLEOs to regulate handgun purchases, citing the principle that state legislatures cannot be compelled to follow federal direction.
In contrast, 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 deduce the logic from the decision and the statutes. An example of a court overturning its precedent is R v Jogee, where the UK Supreme Court ruled that English and Welsh courts had misapplied the law for nearly 30 years.
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Frequently asked questions
The body of case law is called common law.
Common law is the body of law developed from judicial opinions or decisions over time rather than statutes. It is deeply rooted in stare decisis, which means "to stand by things decided".
The form of reasoning used in common law is known as casuistry or case-based reasoning.
