Anaya Nolan
Case law, also known as common law, is a law based on precedents set by previous judicial decisions, rather than law based on constitutions, statutes, or regulations. In the United States, case law is decided by both federal and state courts. Federal courts hear cases involving matters related to the United States Constitution, federal laws, and regulations, as well as disputes between parties from different states or countries or those involving large sums of money. Each state also has its own judicial system, including trial and appellate courts, which generally hear cases involving state constitutional matters, state law, and regulations. Common law courts explain the legal rationale behind their decisions, with citations of legislation and previous relevant judgments, and interpret wider legal principles.
| Characteristics | Values |
|---|---|
| Type of law | Common law, also known as case law or precedent |
| Court structure | Legislative, executive, and judicial branches |
| Court types | Federal courts, state courts, trial courts, appellate courts, district courts, bankruptcy courts, supreme courts |
| Court decisions | Based on precedents, judicial decisions from previous cases, interpretation of statutes, and application of precedents |
| Court roles | Resolving disputes, determining facts, applying the law, interpreting statutes, resolving constitutional and federal law issues, enforcing decisions |
| Court hierarchy | Lower courts follow decisions of higher courts, e.g., the US Supreme Court is the highest court in the US |
| Court jurisdictions | Federal courts handle federal laws, constitutions, and multi-state matters; state courts handle state laws, constitutions, and federal laws |
| Court procedures | Trials involve presenting evidence and witnesses, while appellate courts review legal issues and prior decisions |
| Court research | Case law research can be complex due to the parallel system of state and federal courts; researchers use annotated codes, digests, and case reporters |
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Common law courts
Case law is used interchangeably with common law, which originated in the early Middle Ages in the King's Court (Curia Regis). It is deeply rooted in stare decisis, which means "to stand by things decided", where courts follow precedents established by previous decisions. When a similar case has been resolved, courts align their reasoning with the precedent set in that decision.
In common law systems, precedents are maintained over time through court records and are historically documented in collections of case law referred to as yearbooks and law reports. 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. Unlike most civil law systems, common law systems follow the doctrine of stare decisis, where most courts are bound by their previous decisions in similar cases.
In a common law jurisdiction, several stages of research and analysis are required to determine the law 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. Finally, one integrates all the lines drawn and reasons given and determines the law, which is then applied to the facts.
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Civil law jurisdictions
In civil law traditions, court decisions are typically brief and not considered binding precedent. Therefore, the exposition of the law is often done by academics rather than judges, and published in treatises or journals. Civil law codes must be constantly changed because court decisions are not binding and courts lack the authority to act without a statute. This is exemplified by the Napoleonic Code, which expressly forbade French judges from pronouncing general principles of law.
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Federal courts
The U.S. Supreme Court is the highest court in the United States and its decisions are binding precedent on all other federal courts and state courts on questions of constitutional interpretation. The Supreme Court's decisions are published in reporters, which are issued consecutively with each new group of decisions.
The U.S. Courts of Appeals include the U.S. Court of Appeals for the First Circuit through the Eleventh Circuit, as well as the U.S. Court of Appeals for the District of Columbia Circuit, the Federal Circuit, the Armed Forces, the Court of International Trade, and the Foreign Intelligence Surveillance Court of Review. Decisions issued by the U.S. circuit courts of appeals that are selected for publication are published in the Federal Reporter. Decisions that are not selected for publication in the Federal Reporter may be published in the Federal Appendix.
The U.S. District Courts are the trial courts of the federal system. Decisions from these courts are rarely published, but when they are, they appear in the Federal Supplement.
Federal court decisions may be accessed via subscription databases and free online resources, such as the Supreme Court website and HathiTrust.
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State courts
In addition to interpreting state laws and constitutions, state courts may also hear cases involving federal laws. This overlap between state and federal courts allows for a dynamic legal system that can accommodate the diverse needs of different states. However, it can also lead to conflicts, and the US Supreme Court, as the highest court in the nation, has the final say on interpreting federal law and resolving disputes between state and federal laws.
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Appeals courts
The US Courts of Appeals are organised into 12 regional circuits, with each circuit having its own court of appeals. These appellate courts review cases decided in US district courts or trial courts within their respective circuits. Unlike trial courts, appeals courts do not retry cases, hear new evidence, or witness testimony, and there is no jury involved. Instead, they focus on examining the procedures and decisions made in lower courts to ensure legal correctness and fairness.
The appeals process typically involves a panel of three judges, known as circuit judges, who review the original case and assess whether the law was applied accurately. These judges are randomly selected from the available judges within the circuit, including senior judges and those temporarily assigned. In some instances, a larger group of judges may hear the appeal en banc, though this varies between circuits. The appellant presents their legal arguments and attempts to demonstrate that the lower court erred, while the appellee defends the original decision or argues that any errors were insignificant.
The decisions made by appeals courts are significant as they establish binding precedents. This means that other federal courts within the same circuit must follow the guidance set by the appeals court in similar cases, regardless of the trial judge's personal opinions. Appeals courts publish their decisions, contributing to the body of case law that informs future legal rulings. However, it's important to note that most appeals court decisions are final, with only a small percentage being appealed further to the US Supreme Court.
The role of appeals courts is crucial in maintaining the integrity of the judicial system, ensuring legal consistency, and providing a mechanism for correcting potential errors made by lower courts. By reviewing lower court decisions, appeals courts help uphold fairness and accuracy in the application of the law.
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Frequently asked questions
Case law is a law based on precedents, or judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
Case law is used in common law courts, which interpret statutes and apply precedents that record how and why prior cases have been decided. Common law courts include the High Court and Court of Appeals in England, and the Court of Appeals and California Supreme Court in California.
Common law courts rely on past judicial decisions, whereas civil law courts are based on statutes. Common law courts also explain the legal rationale behind their decisions in detail, citing legislation and previous judgments, while civil law decisions are usually shorter.
Federal courts hear cases involving the United States Constitution, federal laws and regulations, and matters involving parties from different states or countries, or large sums of money.
The United States Supreme Court is the highest court in the country.
