Cecily Zamora
Case law is a law established following a decision made by a judge or group of judges. It is a collection of reported cases that form the body of law within a given jurisdiction. Case law is developed by interpreting and applying existing laws to specific situations and clarifying 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 made in common law countries, including the United States, the United Kingdom, Canada, Australia, and others. It is based on judicial opinions by various courts, which may set future precedent. The law develops over time as courts review new legal disputes and decide how the law applies to them, with each decision potentially changing the law.
| Characteristics | Values |
|---|---|
| Nature of case law | Existing rulings and legal precedents set by the judicial branch of the government |
| Basis of case law | Judicial opinions by various courts |
| Binding nature of case law | Binding on lower courts |
| Hierarchy of courts | Higher courts and lower courts |
| Jurisdiction | Federal courts and state courts |
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What You'll Learn
Common law countries
Common law is one of the most prevalent legal systems globally. Approximately 40 countries and territories use common law, and roughly 60 more use it as part of a mixed legal system. Common law countries include the United Kingdom, United States, Canada, Australia, New Zealand, South Africa, Singapore, Ireland, India, Pakistan, Bangladesh, Sri Lanka, Nepal, Bhutan, Israel, Hong Kong, and the Caribbean jurisdictions of Antigua and Barbuda, Barbados, the Bahamas, Dominica, Grenada, Jamaica, St Vincent and the Grenadines, Saint Kitts and Nevis, and Trinidad and Tobago.
Common law is usually contrasted with the civil law system, which is used in Continental Europe, Mexico, most of Central and South America, and some African countries, including Egypt and the Francophone countries of the Maghreb and West Africa. Civil law systems trace their history to the Napoleonic Code and the Corpus Juris Civilis of Roman law. In civil law jurisdictions, decisions are generally shorter, referring only to statutes, and judges tend to give less weight to precedent.
Common law, on the other hand, places a great emphasis on precedent. It originated in England following the Norman Conquest of 1066 and was institutionalized by King Henry II in 1154, creating a unified system of law "common" to the country. Common law courts explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, often interpreting wider legal principles. This analysis is called ratio decidendi, and it constitutes a precedent binding on other courts. Further analyses, called obiter dicta, are not binding but constitute persuasive authority.
In common law countries, case law refers to the existing rulings and legal precedents set by the judicial branch of the government. When a court hears arguments from both sides in a case, it will often refer to other rulings and court opinions regarding the law in question before issuing a decision. These precedents are essential for maintaining consistency throughout the legal system. While lower courts are generally bound by the decisions of higher courts, there are instances when a precedent may be overturned, such as when a higher court of appeal reviews the precedent and the case under appeal, setting a new precedent of higher authority.
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Judicial decisions
In common law countries, case 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 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.
Courts in the United States adhere to stare decisis, which means that courts respect and adhere to the precedent of previous decisions. A decision by the United States Supreme Court is binding precedent in all courts. However, a court does not have to stand by a decision that is not binding precedent. Generally, courts will follow the decisions of higher courts in their jurisdiction. Therefore, the effect of a court's decision on other courts will depend on both the level of the court and its jurisdiction.
When a court hears arguments from both sides in a case, it will often refer to other rulings and court opinions regarding the law or laws in question before issuing a decision. These existing rulings and legal precedents set by the judicial branch of the government are collectively called case law. It is the duty of the courts to interpret laws written by the legislative branch of the government—this includes senators and representatives at the state and federal levels. After a bill is signed into law, it stands to be tested in the courts. Courts have the power to interpret the law and rule on whether or not it is constitutional. Case law ensures consistency throughout the legal systems.
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Federal courts
The Supreme Court of the United States is the highest court in the federal system. Parties who wish to appeal a decision from a U.S. Circuit Court of Appeals or the highest court in a state may petition the U.S. Supreme Court by writ of certiorari to hear their case involving an important question of federal law or the U.S. Constitution. The Supreme Court has discretion over which writs will be granted. Decisions by the U.S. Supreme Court are binding on all federal and state courts.
The Federal Circuit Court of Appeals has nationwide jurisdiction over very specific issues, such as patents. Each circuit court has multiple judges, ranging from six on the First Circuit to twenty-nine on the Ninth Circuit. Circuit court judges are appointed for life by the president and confirmed by the Senate. Any case may be appealed to the circuit court once the district court has finalised a decision. Appeals to circuit courts are first heard by a panel consisting of three circuit court judges.
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Binding precedent
Case law is a collection of reported cases that form the body of law within a given jurisdiction. It is based on judicial opinions by various courts, which may set future precedent. Common law countries, including the United States, follow the doctrine of stare decisis, which means that 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.
The ratio decidendi, or "the reason for the decision", refers to the key factual element or line of reasoning in a case that forms the basis for the court's final judgment. It creates binding precedent and distinguishes it from other parts of a judicial opinion, such as obiter dicta (non-binding observations or comments). While not legally binding on other courts, obiter dicta may be cited as persuasive authority in subsequent litigation.
In some cases, a court may choose to rely on persuasive precedent if the reasoning is compelling. Courts often turn to decisions from other jurisdictions for guidance, especially when interpreting unclear laws or addressing "cases of first impression", where no prior binding authority exists. However, a court is not required to stand by a decision that is not binding precedent.
It is important to note that a lower court may not rule against a binding precedent, even if it feels that it is unjust. If a judge acts against precedent and the case is not appealed, the decision will stand. However, if the case is appealed, the appellate court will have the opportunity to review both the precedent and the case under appeal, potentially overruling the previous case law by setting a new precedent of higher authority.
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Consistency in rulings
In common law countries, including the United States, United Kingdom, Canada, and Australia, case 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. This process of interpreting and applying existing laws to specific situations sets a legal precedent that helps guide future rulings and interpretations of a particular law.
The principle of stare decisis, a Latin phrase meaning "to stand by decisions", is fundamental to promoting consistency in rulings. According to stare decisis, lower courts should make decisions consistent with the previous decisions of higher courts. For example, in the United States, a decision by the United States Supreme Court is binding precedent in all courts, and lower courts must abide by its precedents. Similarly, in England, the High Court and the Court of Appeals are bound by their previous decisions.
However, it is important to note that case law also allows for the evolution of the law. Courts can hold that a precedent is inconsistent with subsequent authority or that it should be distinguished by a material difference in the facts of the cases. In some jurisdictions, a judge can recommend an appeal, allowing an appellate court to review both the precedent and the case under appeal and potentially set a new precedent of higher authority.
Overall, case law plays a crucial role in ensuring consistency in rulings by providing a framework of legal precedents that guide future judicial decisions.
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Frequently asked questions
Case law is made in courts.
Case law refers to existing rulings and legal precedents set by the judicial branch of a government.
Case law is a law that is established following a decision made by a judge or judges. 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.
