Kara Sears
Case law is a law based on precedents set by previous court rulings, judicial decisions, and administrative legal findings. It is one of the main categories of law, alongside constitutional law, statutory law, and regulatory law. In common law courts, judges explain the legal rationale behind their decisions, citing legislation and previous relevant judgments, and interpreting wider legal principles. In civil law jurisdictions, decisions are generally shorter, referring only to statutes, and judges are not bound by past decisions that are not binding precedent. In the US, federal laws are passed by Congress and signed by the President, but the judicial branch has the authority to decide the constitutionality of these laws and resolve disputes involving federal laws. Within the judicial system, judges decide on the facts of a case and apply the law accordingly, with the power to make objections and instruct juries.
| Characteristics | Values |
|---|---|
| Type of law | Common law, civil law, case law, statutory law, regulatory law |
| Basis | Precedents, constitutions, statutes, regulations |
| Decision-makers | Judges, juries, academics |
| Court types | Trial court, appellate court, court of last resort, federal court, state court |
| Court examples | U.S. District Court, U.S. Supreme Court, U.S. Court of Appeals |
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What You'll Learn
Common law courts
Common law, also used interchangeably with case law, is a law based on precedents set by previous judicial decisions, rather than law based on constitutions, statutes, or regulations. It is deeply rooted in stare decisis, which means "to stand by things decided", where courts adhere to precedents established by previous decisions. Common law originated in the practices of the English king's courts following the Norman Conquest in 1066, unifying the legal system across the British Isles and later spreading to the colonies of the British Empire.
In common law jurisdictions, determining the applicable law in a given situation involves several stages of research and analysis. This includes ascertaining the facts, locating relevant statutes and cases, extracting principles and statements by various courts, integrating the information, and applying the law to the facts. The decisions of higher courts or legislatures are generally given more weight than those of lower courts. Common law systems can be complex due to interactions with constitutional law, statutory law, and regulatory law.
In the United States, common law is maintained through court records and documented in collections of case law known as yearbooks and law reports. The decisions of the United States Supreme Court are binding precedent in all courts, while lower courts' decisions are considered non-binding persuasive authority. Attorneys use published case law to interpret the law, and appellate court decisions that set future precedent are typically published in sources specific to that court.
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Civil law jurisdictions
In civil law jurisdictions, the role of written decisions and precedent as a source of law differs from that of common law systems. While common law systems place significant emphasis on precedent, civil law judges tend to accord less weight to judicial precedent. Civil law is derived from legal codes and abstractions, formulating general principles and distinguishing substantive rules from procedural rules. It considers case law secondary and subordinate to statutory law.
The civil law systems of Nordic countries, including Sweden, Norway, Denmark, Finland, Iceland, and others, exhibit a unique blend of jurisprudence that sets them apart from typical civil law or common law systems. In Sweden, case law plays a notable role, with the Supreme Court and the Supreme Administrative Court setting precedents that are practically binding on future applications of the law.
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Federal or multi-jurisdictional law systems
The federal court system in the US has three levels: district courts, courts of appeal, and a supreme court. The District of Columbia, on the other hand, has two levels: the Superior Court and the Court of Appeals. A case begins at the trial court level, and if the decision is not accepted, an appeal can be made to the immediate court of appeals. This decision can then be appealed to the court of last resort, which must be petitioned.
In multi-jurisdictional law, there may be differences in how the law is applied in different districts or provinces. An appeal to the court of last resort may be required to resolve these differences. An appellate court may also decide on a different analysis from that of junior courts, and may or may not be bound by its own previous decisions.
Case law is based on precedents, or the judicial decisions from previous cases. It is a collection of reported cases that form the body of law within a given jurisdiction. In common law courts, the legal rationale behind decisions is explained in detail, with citations of legislation and previous relevant judgments. These decisions then constitute a precedent binding on other courts. By contrast, civil law jurisdictions' decisions are generally shorter, referring only to statutes, with the understanding that the reader should be able to deduce the logic.
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The role of judges
Judges play an essential role in the judicial system, and their responsibilities vary depending on the legal system in place. In an adversarial system (common law), as in the US and England, the judge acts as an impartial referee, ensuring that court proceedings are conducted lawfully, orderly, and fairly. They hear witnesses, review evidence, and issue rulings based on their interpretation of the law and their personal judgment. In smaller cases, judges can issue summary judgments without a jury trial, but in criminal, family, and other significant cases, they work as part of a panel. Judges also provide juries with instructions and explanations of the relevant laws before their deliberations.
In an inquisitorial system (civil law), as in continental Europe, there is no jury, and the judge acts as the main fact-finder, presider, judge, and sentencer. In this system, the judge is expected to apply the law directly and is considered "the mouth of the law".
In both systems, judges are responsible for sentencing convicted criminal defendants and ensuring that rules are followed and only proper evidence is heard. They also review evidence for any illegality issues and rule on the constitutionality of laws and legal precedents. Judges are expected to be knowledgeable about the law and the constitution, and they must be fair and impartial, refraining from any political affiliations or conflicts of interest.
In terms of appointment, judges in federal courts are nominated by the President and confirmed by the Senate, receiving lifetime appointments. This process helps ensure impartiality and protects judges from political influence.
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Case law research
Case law is the 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 also used interchangeably with common law and is based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
In the US legal system, stare decisis, a Latin phrase meaning "let the decision stand", is the doctrine of precedent, under which a court must follow earlier decisions when the same points arise again in litigation. Generally, a court will deviate from precedent only if there is a compelling reason. 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.
When conducting case law research, it is important to focus on the relevant jurisdiction. For example, if your case deals with federal or state law, and if it is state law, which state? It is also important to note that not all case law is published. 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.
There are several online research services designed specifically for legal research, such as Westlaw, Lexis, and Bloomberg Law. These online solutions have all the legal sources you need and also include artificial intelligence research features that can speed up your research. While some of these services may be costly, there are free or low-cost alternatives available.
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Frequently asked questions
Case law is a law that is based on precedents, or the 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.
Case law is decided by the courts. In the US, the US Supreme Court is the highest court and its decisions are binding precedent in all courts. In some cases, there may be several members of a court deciding a case, in which case only the reason for the decision of the majority can constitute a binding precedent.
Judges are bound to past decisions, drawing on established judicial authority to formulate their positions. In a jury trial, the jury decides the facts of the case, unless the defendant opts for a bench trial. The judge also decides on the admissibility of questions or statements during a trial.
In civil law traditions, much of the exposition of the law is done by academics rather than by judges. Academic writers are often cited in legal arguments and decisions as persuasive authority.
