Gavin Howe
Case law, also known as common law, is a law that is based on precedents, or 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. Case law is deeply rooted in stare decisis, which means to stand by things decided, where courts follow precedents established by previous decisions. When an issue is based on case law, it is based on these precedents and the authority set by previous judicial decisions on a particular issue or topic.
| Characteristics | Values |
|---|---|
| Basis | Judicial decisions from previous cases |
| Type of law | Common law |
| Binding | Yes, in some jurisdictions |
| Sources | Case reporters, annotated codes, yearbooks, reports |
| Applicability | Unique disputes, criminal proceedings, family law |
| Jurisdiction | Varies, e.g., state, federal, or supreme court |
| Precedent | Past decisions, stare decisis |
| Flexibility | May be overturned by higher courts |
| Research | Case citation, topic, key number |
Explore related products
What You'll Learn
Using secondary sources
When an issue is based on case law, it means that the law is based on 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 referred to as "case law" or "precedent".
When researching case law, it is important to note that not all case law is published. Generally, only appellate court decisions that will be used as future precedent are published in sources (case reporters) specific to that court. Attorneys use published case law to interpret the law. Therefore, few trial court decisions are published in case reporters.
To find cases on a particular topic, researchers can use annotated codes produced by West and LexisNexis. These annotated codes, such as the United States Code Annotated (West) or the United States Code Service (LexisNexis), provide researchers with citations to case law. Both the United States Code Annotated and the United States Code Service provide case citations after the text of the statute, grouping cases by topic and often including a short summary.
Another way to search for case law is through the Digest System, which sub-divides the law into over 450 Topics, which are broad legal issues, and then further sub-divides them into Key Numbers, which are assigned to specific legal issues within the broader issue. To search the digests, one needs to know both the Topic and the Key Number.
In addition to case reporters and digests, researchers can also refer to secondary sources such as legal encyclopedias (e.g., Corpus Juris Secundum, Halsbury's Laws of England), the published work of law commissions or institutes (e.g., the Law Commission, the American Law Institute), and academic writings. These sources can provide persuasive authority and are often cited in legal arguments and decisions, especially when judges are attempting to implement reasoning that other courts have not yet adopted or when the judge finds the academic's restatement of the law more compelling than existing case law.
By utilizing these secondary sources, researchers can gain a deeper understanding of the case law related to their specific issue and navigate the complex landscape of case law research.
Case Law: Binding or Not?
You may want to see also
Explore related products
![Criminal Law and Its Processes: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p34wz6jxL._AC_UY218_.jpg)
![Problems in Contract Law: Cases and Materials [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/71KVwHbBZ1L._AC_UY218_.jpg)
Case citations
Understanding Case Citations:
- Volume Number: The volume number of the reporter or law report series in which the case is published.
- Reporter Name: The abbreviated name of the reporter or law report series.
- Page Number: The page on which the cited case begins within the reporter or law report.
- Decision Year: The year the decision was rendered, which may differ from the publication year.
Locating Cases:
When equipped with a case citation, researchers can embark on locating the corresponding case. This process typically involves the following steps:
- Identify Reporter: Determine the name of the case reporter or law report series.
- Locate Reporter Series: Find the specific reporter series within a law library or online database.
- Pinpoint Volume: Identify the volume within the reporter series that contains the cited case.
- Navigate to Page: Turn to the specified page within the volume to locate the beginning of the cited case.
Sources of Case Citations:
- Case Reporters: Official and unofficial case reporters, such as the Federal Reporter in the U.S. or the California Reports in California, provide citations to cases.
- Annotated Codes: Publications like the United States Code Annotated (West) or the United States Code Service (LexisNexis) offer citations alongside the text of statutes, making it easier to find relevant case law.
- Online Databases: Websites like WorldLII and AfricanLII, associated with the Free Access to Law Movement, provide access to published court decisions and their citations.
- Commercial Guides: Commercial entities like Butterworths and legal publishing companies offer citation guides for different jurisdictions, such as the Australian Guide to Legal Citation or the Canadian Open Access Legal Citation Guide.
International Variations:
It is important to recognize that citation formats can vary across different countries and jurisdictions. For example:
- Australia: Australian courts have adopted a neutral citation standard, moving towards a naming system less reliant on publication in a law report.
- Canada: Canadian citation styles have diverged, with a recent movement towards convergence with the academic citation style of the Australian Guide to Legal Citation.
- United States: Federal and state citation formats differ significantly. Federal cases follow a specific format, while state citation formats vary widely, such as California's parallel citations for Supreme Court and Court of Appeals cases.
In conclusion, case citations are integral to navigating the complex world of case law. They provide a structured framework for locating and referencing legal decisions, empowering researchers and legal professionals to efficiently explore the vast body of case law that underpins legal systems worldwide.
Nevada Zoning: Understanding the Case Law and Its Impact
You may want to see also
Explore related products
![Basic Tort Law: Cases, Statutes, and Problems: Cases, Statutes, and Problems [Connected eBook with Study Center] (Aspen Casebook Series)](https://m.media-amazon.com/images/I/611ayo4AJNL._AC_UY218_.jpg)
Legal encyclopaedias
Both sets contain over one hundred volumes, arranged alphabetically by topic, with a general index comprising several volumes. AmJur provides summaries of broad principles of U.S. law and gives citations to cases, statutes, rules, forms, and A.L.R. CJS, meanwhile, claims to be comprehensive in its case citations, while AmJur only cites selected cases. Am. Jur. 2d also features a popular name table, which leads the researcher from the popular name of a legislative act to its discussion in the legal encyclopaedia.
Case Law vs Constitution: Who Wins?
You may want to see also
Explore related products
Case law databases
Case law is based on precedents, or the judicial decisions from previous cases, rather than laws 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.
There are several notable case law databases that offer free access to case law information. For example, the Library of Congress provides access to digitized bound volumes of U.S. Reports from 1754 to 2012 and has created free legal research guides to help researchers locate online case law sources. The Library of Congress also provides on-site access to Nexis Uni (formerly LexisNexis Library Express), Westlaw Patron Access, and Bloomberg Law Patron Access.
In addition to these free resources, there are also subscription-based case law databases that offer more comprehensive information and tools for searching and organizing cases. For example, Westlaw and LexisNexis are widely used subscription databases that provide enhanced features such as digests and headnotes, which can make it easier for researchers to find relevant cases.
Civil Law Cases: Steps to Resolution
You may want to see also
Explore related products
![Basic Legal Research: Tools and Strategies, Revised 8th Edition [Connected eBook with Study Center] (Aspen Coursebook Series)](https://m.media-amazon.com/images/I/81t2iaBh45L._AC_UL320_.jpg)
](https://m.media-amazon.com/images/I/81uR4LG5eAL._AC_UL320_.jpg)
Determining binding or persuasive case law
When an issue is based on case law, it means that the law is based on precedents or 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 referred to as "case law" or "precedent".
Stare decisis, a Latin phrase that means "let the decision stand", is the principle by which judges are bound to such past decisions. This principle dictates that 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, the Supreme Court of the United Kingdom can deviate from its earlier decisions, although it rarely does so.
In some jurisdictions, such as Sweden, case law plays a significant role in the legal system. The Swedish Supreme Court (Högsta domstolen) and the Supreme Administrative Court (Högsta förvaltningsdomstolen) have the right to set precedents that are binding on all future applications of the law. Similarly, in the United States, the federal court system includes the Supreme Court, which is the highest court in the country. Lower federal courts include the Courts of Appeals, District Courts, the Court of Claims, and others. These lower courts are bound by the decisions of the higher courts, and their rulings can be used as persuasive or binding authority in future cases.
To determine whether a case law is binding or persuasive, it is important to understand the court hierarchy and the principle of stare decisis. A ruling by a higher court is generally binding on lower courts within its jurisdiction. For example, a decision by the Supreme Court of the United States is binding on all lower federal courts and state courts. However, a decision by a state supreme court is binding only within that state and may be persuasive but not binding in other states.
Additionally, the facts and circumstances of the case play a crucial role in determining whether a case law is binding or persuasive. A lower court may find that a higher court's decision is not binding if it can distinguish the facts of the current case from those of the precedent case. If the cases involve different legal issues or materially different facts, the lower court may choose to follow a different path while still acknowledging the higher court's decision.
In summary, determining whether a case law is binding or persuasive depends on the court hierarchy, the principle of stare decisis, and the specific facts and circumstances of the case at hand. Researchers can utilize tools such as annotated codes, digest systems, and case reporters to locate relevant case law and understand its applicability to their specific issue.
Prostitution Legalization: Recent Case Law and Arguments
You may want to see also
Frequently asked questions
Case law is law that is based on judicial decisions and precedent rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case.
Case law and common law are often used interchangeably. Common law is largely based on precedent, meaning the judicial decisions that have already been made in similar cases.
Annotated codes produced by West and LexisNexis are a great way to find cases on a particular topic. The Digest System is another way to find case law, which sub-divides the law into over 450 Topics, which are further sub-divided into Key Numbers, which are assigned to specific legal issues.
![The Process of Legal Research: Practices and Resources [Connected eBook with Study Center]](https://m.media-amazon.com/images/I/71OG9MNqOCL._AC_UL320_.jpg)
![Basic Legal Research Workbook: [Connected eBook with Study Center] (Aspen Coursebook)](https://m.media-amazon.com/images/I/713yVkqxiRL._AC_UL320_.jpg)
