Kara Sears
Case law is law based on judicial decisions and opinions rather than law based on constitutions, statutes, or regulations. It is used to determine the applicability and limits of a law. Case law is created by courts of various levels, from trial courts to the highest court in a jurisdiction, with each level having a different degree of influence on future cases. The decisions of higher courts create binding precedent that must be followed by lower courts, and the effect of a court's decision depends on its level and jurisdiction. Case law is also influenced by the type of court, such as general courts and administrative courts, and the specific jurisdiction in which the case is being decided.
| Characteristics | Values |
|---|---|
| Basis of case law | Judicial decisions |
| Type of law | Common law |
| Source of case law | Precedents from previous cases |
| Binding nature | Varies by jurisdiction and court hierarchy |
| Applicability | Determined by courts of appeal |
| Modification | Modified by higher courts |
| Reference tools | Case reporters, print, microfiche, CD-ROM, online databases |
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What You'll Learn
Case law is based on judicial decisions
Case law is derived from the Latin phrase 'stare decisis', which means "to stand by things decided" or "let the decision stand". It represents the doctrine of precedent, where a court must follow earlier decisions when similar points arise in litigation. The decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction. For example, the US Supreme Court creates binding precedent that all other federal courts must follow.
Courts follow the doctrine of stare decisis to create and build upon holdings of law to ensure that people in similar circumstances are treated alike. Stare decisis requires judges to apply the same reasoning to lawsuits that have been used in prior cases that are similar. 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.
Case law is used to determine the applicability and limits of a law. It is used to interpret the law and resolve disputes using the concrete facts of a case. In some jurisdictions, case law can be applied to ongoing adjudication, such as criminal proceedings or family law.
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Common law systems follow the doctrine of stare decisis
Case law is law based on judicial decisions rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case. Case law is used interchangeably with common law and refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
Under "vertical" stare decisis, the decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction. For example, the US Supreme Court creates binding precedent that all other federal courts must follow, and that all state courts must follow on questions of constitutional interpretation. Similarly, the highest court in a state creates mandatory precedent for the lower state courts below it. Intermediate appellate courts, such as the federal circuit courts of appeal, create mandatory precedent for the courts below them.
The doctrine of stare decisis fosters predictable, unbiased, and consistent development of legal principles, increasing reliance on judicial decisions and contributing to the integrity of the judicial process. It lessens the need for subsequent litigation and saves the time and energy of the judiciary by preventing the need to continually decide the same legal question or issue if it has already been decided in another case.
However, it is important to note that the doctrine of stare decisis is not absolute. A court may deviate from precedent if there is a compelling reason to do so. For example, in England, the Supreme Court of the United Kingdom can deviate from its earlier decisions, although it rarely does so.
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Federalism determines the authority of case law
Case law is law based on judicial decisions rather than law based on constitutions, statutes, or regulations. It concerns unique disputes resolved by courts using the concrete facts of a case. Each branch of government produces a different type of law. Case law is the body of law developed from judicial opinions or decisions over time.
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. As a result, a judgment in one circuit will not be binding in another but will have persuasive authority. Federalism, as a mode of political organization, unites separate states or other polities within a larger political system, allowing each to maintain its own integrity.
In the US, each state's legal system is derived from English (and, in one case, French) law, while federal law binds the systems of the 50 states together. This mixture of laws keeps the administration of justice substantially non-centralized, even in federal courts. For example, the US Supreme Court creates binding precedent that all other federal courts must follow and that all state courts must follow on questions of constitutional interpretation.
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. The doctrine of stare decisis, a Latin phrase meaning "let the decision stand," is the principle by which judges are bound to past decisions, drawing on established judicial authority to formulate their positions. Under "vertical" stare decisis, the decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction.
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Case law is used to determine the applicability and limits of a law
Case law is a collection of judicial decisions made by courts or similar tribunals, which are used as precedents for future similar cases. It is based on the doctrine of stare decisis, a Latin phrase meaning "let the decision stand" or "to stand by things decided". According to this principle, judges are bound to follow past decisions, drawing on established judicial authority to formulate their positions.
In the US legal system, stare decisis represents the doctrine of precedent, where a court must follow earlier decisions when the same points arise again in litigation. The decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts. For example, the US Supreme Court creates binding precedent that all other federal courts must follow.
Case law is particularly important in common law jurisdictions, where it serves as a guide for the application of the law. Courts of appeal and administrative courts may issue decisions that act as precedents for lower courts, although these decisions may be overturned by higher courts. While case law helps determine the applicability of a law, it does not create new law, as that is the role of legislative and executive bodies.
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Case law is considered primary or binding authority
In the US legal system, the doctrine of precedent, represented by the Latin phrase "stare decisis" ("to stand by things decided"), dictates that a court must follow earlier decisions when the same points arise again in litigation. This means that case law can be considered primary or binding authority when it sets a precedent for similar cases in the future.
The weight of authority in case law depends on the jurisdiction and the level of the court that decided the case. For example, federal district courts apply federal statutes and regulations and follow precedent from the Court of Appeals in their respective circuits. If a court has not ruled on a particular legal issue, it may be persuaded by a decision from another jurisdiction, which would be considered primary authority but only persuasive authority for that court.
Additionally, the decisions of the highest court in a jurisdiction, such as the US Supreme Court, create mandatory precedent that must be followed by lower courts in that jurisdiction. This means that case law from the highest courts is considered primary or binding authority, while lower courts may deviate from precedent if there is a compelling reason.
Overall, case law is considered primary or binding authority when it sets a precedent that courts are bound to follow in similar future cases, with the weight of authority depending on the jurisdiction and the level of the court that decided the case.
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Frequently asked questions
Case law is law based on judicial decisions and the concrete facts of a case, rather than law based on constitutions, statutes, or regulations.
Case law is created by the judicial branch of government.
Precedent, or stare decisis ("let the decision stand"), is a principle in case law where judges are bound to past decisions, drawing on established judicial authority to formulate their positions.
The decisions of higher courts create mandatory precedent that must be followed by lower courts in the same jurisdiction. For example, in the US, the Supreme Court's decisions are binding on all federal courts, and state courts on questions of constitutional interpretation.
