Gavin Howe
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 based on judicial decisions rather than law based on constitutions, statutes, or regulations. 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 to follow, and it helps guide future rulings and interpretations of a particular law. Case law is not always published, but when it is, it is usually published in sources (case reporters) specific to that court. Researchers can find case law through annotated codes, digests, and legal encyclopedias.
| Characteristics | Values |
|---|---|
| Definition | Case law refers to existing rulings and legal precedents set by the judicial branch of a government. |
| Basis | Case law is based on judicial decisions rather than law based on constitutions, statutes, or regulations. |
| Sources | Case law can be found in case reporters, annotated codes, digests, and legal encyclopedias |
| Role | Case law guides judges in deciding issues, providing consistency and precedent for legal interpretations and rulings. |
| Types | Common law and civil law are two types of case law, with common law relying more on judicial decisions and civil law on statutes. |
| Jurisdiction | Case law varies across jurisdictions, with decisions in one jurisdiction not binding in another. |
| Federalism | Federalism influences the authority of case law, with decisions in one circuit not always binding in another. |
| Research | Researchers may not always have a case citation when starting their research, making it challenging to locate specific cases. |
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What You'll Learn
Case law in civil law jurisdictions
Civil law codes must be changed constantly because the precedent of courts is not binding and because courts lack authority to act if there is no statute. In some civil law jurisdictions, the judiciary does not have the authority to invalidate legislative provisions. For instance, the Armenian Parliament, after the fall of the Soviet Union, adopted new legal codes that the judiciary was not empowered to adjudicate.
Civil law systems are often contrasted with common law systems, 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. Historically, civil law is the group of legal ideas and systems derived from the Corpus Juris Civilis, but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices. Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law secondary and subordinate to statutory law.
The legal systems of the Nordic countries are sometimes included among the civil law systems, but as a separate branch. Case law arguably plays a more important role in the legal systems of Nordic countries than in some of the Continental codified law systems. The two highest courts in Sweden, the Supreme Court (Högsta domstolen) and the Supreme Administrative Court (Högsta förvaltningsdomstolen), have the right to set precedent, which is binding in practice, though not formally. Courts of appeal may also issue decisions that act as guides for the application of the law, but these decisions may be overturned by higher courts. Thus, case law is used to determine the applicability and limits of a law, not its creation.
Some pluralist systems, such as Scots law in Scotland and types of civil law jurisdictions in Quebec and Louisiana, do not fit neatly into the dual common-civil law system classifications. These systems may have been heavily influenced by the Anglo-American common law tradition, but their substantive law is rooted in the civil law tradition. Court decisions in civil law traditions are historically brief and not amenable to establishing precedent, so much of the exposition of the law in civil law traditions is done by academics rather than judges.
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Common law systems and stare decisis
Case law refers to existing rulings and legal precedents set by the judicial branch of a government. In common law systems, courts interpret statutes and apply precedents to decide the law applicable to a case. Common law systems follow the doctrine of stare decisis, which holds that courts and judges should honour precedent or the decisions, rulings, and opinions from prior cases.
Stare decisis, a Latin term meaning "let the decision stand" or "to stand by things decided", is a foundational concept in the American legal system. It is based on the idea that courts will adhere to precedent in making their decisions. The doctrine operates both horizontally and vertically. Horizontal stare decisis refers to a court adhering to its own precedent, while vertical stare decisis obligates lower courts to adhere to rulings made by higher or appellate courts within the same jurisdiction. For example, an appellate court must abide by decisions made by the U.S. Supreme Court, which is the federal court of last resort with binding authority.
The principle of stare decisis fosters predictable, unbiased, and consistent development of legal principles, increasing reliance on judicial decisions and adding to the actual and perceived integrity of the judicial process. It assures that the law won't change randomly and allows society to assume that fundamental beliefs are based on the law rather than on people's preferences. Stare decisis also contributes to the sustainability of the legal system by providing a sense of stability and consistency.
However, stare decisis is not an "inexorable command", and there may be instances where courts deviate from precedent. For example, in the case of R v Jogee, the Supreme Court of the United Kingdom ruled that it and other courts had misapplied the law for nearly 30 years. Similarly, in Brown v. Board of Education (1954), the Supreme Court overturned the precedent of Plessy v. Ferguson, directly renouncing the doctrine of stare decisis. In some cases, judges may offer reasons or legal nuances to avoid following precedential decisions or to overturn prior rulings, especially when interpretations of prior decisions may have lost support due to societal changes.
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Case law and academic writers
Case law is a law established following a decision made by a judge or a group of judges. It is based on judicial decisions rather than law based on constitutions, statutes, or regulations. 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 to follow, and it will guide future rulings and interpretations of a particular law. Case law is also referred to as precedent or common law.
Case law is not written or recorded in any one place. Instead, it refers to the existing rulings and legal precedents set by the judicial branch of government. Case law is, therefore, a precedent that has been set based on prior judicial decisions, rather than specific statutes or regulations. 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.
In common law traditions, 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. This analysis is called ratio decidendi, and it constitutes a precedent binding on other courts. Further analyses not strictly necessary to the determination of the current case are called obiter dicta, which constitute persuasive authority but are not technically binding.
Case law is published in sources (case reporters) specific to a particular court. Attorneys use published case law as a means to interpret the law. Case reporters are a great way to find cases on a particular topic. Researchers can use annotated codes, digests, and legal encyclopaedias to find case law. Annotated codes such as the United States Code Annotated (West) or the United States Code Service (LexisNexis) provide researchers with citations to case law. Digests provide an abstracting function, giving researchers short summaries of the points of law discussed in the indexed opinions. Legal encyclopaedias cover a wide range of topics that are arranged alphabetically, and many of the topics include footnotes with citations to relevant case law.
Academic writers are increasingly being cited in legal arguments and decisions as persuasive authority. They are often cited when judges are attempting to implement reasoning that other courts have not yet adopted, or when the judge believes the academic's restatement of the law is more compelling than can be found in case law. Widely cited non-binding sources include legal encyclopaedias such as Corpus Juris Secundum and Halsbury's Laws of England, or the published work of the Law Commission or the American Law Institute.
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Finding case law without a case citation
Case law refers to existing rulings and legal precedents set by the judicial branch of a government. 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.
When searching for case law, having a direct citation is usually more cost-effective and accurate than using "natural language" searching. However, a researcher will not always have a case citation when they begin their work. In such cases, there are several avenues to explore:
Annotated Codes (Statutes)
Annotated codes such as the United States Code Annotated (West) or the United States Code Service (LexisNexis) provide researchers with citations to case law. These annotated codes are an efficient way to find cases that have cited a particular statute. Both annotated code sources provide case citations after the text of the statute. The cases are grouped together by topic and often include short summaries, making it easier for researchers to locate case law relevant to their specific issue.
Digests
Digests provide an indexing function for cases in the National Reporter system. They allow researchers to locate cases by subject from any jurisdiction. Digests also provide short summaries of the points of law discussed in the indexed opinions, enabling researchers to determine if a case is worth further exploration. The Digest System sub-divides the law into over 450 broad legal issues (Topics) and then further sub-divides them into Key Numbers, which are assigned to specific legal issues within the broader issue.
Legal Encyclopaedias
Legal encyclopaedias cover a wide range of topics arranged alphabetically, with many topics including footnotes with citations to relevant case law. Widely cited non-binding sources include legal encyclopaedias such as Corpus Juris Secundum and Halsbury's Laws of England.
Databases
Databases such as Bloomberg Law, Google Scholar, Lexis Plus, and Nexis Uni allow users to retrieve cases using a case citation. However, access to some of these databases may be restricted to specific institutions or individuals.
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The authority of case law
Case law is a crucial element of the legal system, providing guidance, consistency, and precedent for legal interpretations and rulings. It refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. It is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary. This process then sets a legal precedent that other courts are required to follow, and it will guide future rulings and interpretations of a particular law. 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.
Case law is precedent set based on prior judicial decisions, rather than specific statutes or regulations. In contrast, statutory laws are written laws that are passed by legislatures in federal and state governments and adopted by society. Case law is not always published, and generally, 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 as a means to interpret the law. Case law differs from one jurisdiction to another. For example, a case in New York would not be decided using case law from California. Instead, New York courts will analyze the issue, relying on binding precedent. If no previous decisions on the issue exist, New York courts might look at precedents from a different jurisdiction, which would be persuasive authority rather than binding authority. Other factors, such as how old the decision is and the closeness to the facts, will affect the authority of a specific case in common law.
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. 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 necessary analysis (called ratio decidendi) then constitutes a precedent binding on other courts. Further analyses not strictly necessary to the determination of the current case are called obiter dicta, which constitute persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.
Federalism also plays a major role in determining the authority of case law in a particular court. Each circuit has its own set of binding case law. As a result, a judgment rendered in one circuit will not be binding in another but will have persuasive authority. However, decisions rendered by the Supreme Court are binding on all federal courts and on state courts regarding issues of the Constitution and federal law. Lower courts on the federal level include the U.S. Courts of Appeals, U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade and U.S. Bankruptcy Courts. Each state has its own judicial system, which includes trial and appellate courts. The highest court in each state is often referred to as the "supreme" court.
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Frequently asked questions
Case laws are written by the judicial branch of a government. They are based on prior judicial decisions and are used to guide judges in future rulings.
Case laws can be found in case reporters, annotated codes, digests, and legal encyclopaedias. Case reporters are sources that are specific to a court and contain published appellate court decisions that will be used as future precedent. Annotated codes, such as the United States Code Annotated, provide case citations after the text of a statute. Digests allow researchers to locate cases by subject from any jurisdiction and provide short summaries of the points of law discussed. Legal encyclopaedias cover a wide range of topics arranged alphabetically and often include footnotes with citations to relevant case law.
If you don't have a case citation, you can refer to annotated codes (statutes), digests, or legal encyclopaedias. These sources provide citations to case law and allow you to search by topic or subject.
