Gavin Howe
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. It is important to know about the court system and its hierarchy when searching for case law. Researchers often need to determine if their issue is federal or state-based, as some issues may overlap and require analysis from both perspectives. Case citations are structured in a standard format, allowing researchers to quickly locate cases. Researchers can also use digests to locate cases by subject and jurisdiction, which provide summaries of the points of law discussed in indexed opinions. Secondary sources, such as articles and books, can also provide references to relevant case law and are a good starting point for research.
| Characteristics | Values |
|---|---|
| Definition | Case law is a law based on precedents, or the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. |
| Other names | Common law, precedent |
| Sources | Case law sources include the published opinions of courts, which outline the reasons for their decisions. Other sources include legal encyclopaedias, the published work of the Law Commission or the American Law Institute, and academic writings. |
| Use | Case law is used by judges to guide their decisions on issues. It may be binding or merely persuasive, depending on the relationship between the deciding court and the precedent. |
| Hierarchy | The hierarchy of courts determines which courts can overturn the decisions of others and which must follow another court's interpretation of the law. |
| Jurisdiction | Case law is specific to the jurisdiction in which a case will be heard. For example, case law from Maryland's higher courts is relevant to cases in Maryland District Court. |
| Finding case law | Researchers can use digests to locate cases by subject and jurisdiction, and to find summaries of the points of law discussed. They can also refer to secondary sources such as articles, books, and treatises, which often include references to relevant case law. |
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What You'll Learn
- Case law is based on precedents, or past decisions made by judges
- Researchers can use digests to locate cases by subject and jurisdiction
- Case citations allow researchers to find cases quickly and easily
- In the US, case law can be federal or state-level
- Judges may refer to various types of persuasive authority to decide a case
Case law is based on precedents, or past decisions made by judges
Case law, also known as common law, is based on precedents, or past decisions made by judges. It is a collection of reported cases that form the body of law within a given jurisdiction. In other words, case law is the body of prior judicial decisions that guide judges in deciding issues before them. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law" or "precedent".
The Latin term "stare decisis", which means "let the decision stand" or "to stand by things decided", is a foundational concept in the American legal system. According to stare decisis, courts and judges should honour "precedent", or the decisions, rulings, and opinions from prior cases. Respect for precedents gives the law consistency and makes interpretations of the law more predictable.
In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents, which 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.
In some jurisdictions, case law can be applied to ongoing adjudication, such as criminal proceedings or family law. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions. However, the Supreme Court of the United Kingdom can deviate from its earlier decisions, although in practice it rarely does. A notable example of when the court has overturned its precedent is the case of R v Jogee, where the Supreme Court ruled that it and other courts had misapplied the law for nearly 30 years.
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Researchers can use digests to locate cases by subject and jurisdiction
The Digest System sub-divides the law into over 450 Topics, which are broad legal issues, and these are then further sub-divided into Key Numbers, which are assigned to specific legal issues within the broader issue. Topics and Key Numbers are consistent throughout West's System, so the same subject arrangement is applied to all cases from every jurisdiction. This means that if a researcher finds a case from one jurisdiction that discusses a legal issue they are researching, they can use the topic and key number for that issue to find other cases from other jurisdictions that discuss the same issue.
To use a digest, a researcher with a specific issue in mind would first go to the Descriptive Word Index, usually located at the end of the set of books. Here, they would find several subtopics under their chosen word. For example, if they were researching "abduction", they would find "Criminal liability" under the term "Abduction". "Criminal liability" provides the researcher with the Topic and Key Number Crim Law 45.10. The front of each index provides the researcher with a list of digest topics and what the abbreviations mean. In this case, Crim Law refers to the topic Criminal Law.
Researchers can also use headnotes to find cases by subject and jurisdiction. Headnotes are very short entries on legal issues that are found at the beginning of a case. From a headnote, a researcher can click on a West Key Number, or a Lexis Topic Document or Topic Index link to find additional cases.
Other sources that can help researchers locate cases by subject and jurisdiction include Westlaw, Lexis Advance, American Law Reports, legal encyclopaedias, annotated statutes, and case annotations.
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Case citations allow researchers to find cases quickly and easily
Case citations are an essential tool for legal researchers, allowing them to locate specific cases quickly and efficiently. This is especially important given the vast number of cases and the complexity of the federal and state court systems.
A case citation is a standardised reference to a specific court case, which follows a structured format. For example, in the case citation "Roe v. Wade, 410 U.S. 113 (1973)", "Roe v. Wade" is the name of the case, "410" refers to volume 410 of the United States Reports, "U.S." is an abbreviation for United States Reports, "113" is the page number, and "(1973)" indicates the year the case was decided. This format allows researchers to easily locate the relevant case in a printed reporter or online database.
The structured format of case citations ensures that each citation contains the same key information, allowing researchers to clearly identify the components of the citation and locate the corresponding case. This consistency is particularly helpful when dealing with cases that have multiple parties or similar names, as the citation will typically include the names of the lead parties (plaintiff/appellant vs. defendant/appellee).
Case citations are also useful for differentiating between cases with the same parties but involving different issues. For example, a search for "Miller v. California" yields four cases, each with different participants named Miller and distinct issues. The citation provides the necessary details to distinguish between these cases and locate the desired one.
Additionally, case citations are not limited to official reporters. They can also be used to locate cases in unofficial reporters or law reports, as well as online databases such as Bloomberg Law, Google Scholar, Lexis Plus, Nexis Uni, and Westlaw. This versatility ensures that researchers can access cases from various sources, increasing the likelihood of finding relevant information.
In summary, case citations are a powerful tool for legal researchers, providing a standardised and efficient method for locating specific cases across different sources. By following a structured format, case citations enable researchers to quickly identify the relevant information and navigate the complex landscape of case law.
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In the US, case law can be federal or state-level
Case law in the US can be federal or state-level, with both the federal government and each of the state governments having their own court systems. The US Constitution creates a federal system of government where power is shared between the federal and state governments.
The US Supreme Court is the highest court in the country, and its decisions extend to everyone in the country. It is the final court of appeal for all lower courts. Federal courts hear cases involving the US Constitution, federal laws and regulations, and matters that involve parties from different states or countries, as well as disputes involving large sums of money. Federal courts also handle federal crimes and civil lawsuits against the government.
Each state has its own judicial system, including trial and appellate courts. The highest court in each state is often referred to as the "supreme" court, though there are exceptions, such as the New York Court of Appeals. State courts generally hear cases involving state constitutions, state laws, and regulations, though they may also hear cases involving federal laws. State courts handle more cases and interact with the public more than federal courts. State courts have general jurisdiction, meaning they have authority over all kinds of cases, while federal courts have limited jurisdiction.
State courts handle criminal cases and disputes between residents of the same state, and these cases are heard in the state where the incident occurred. State courts also handle contract cases, family law matters, and traffic violations.
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Judges may refer to various types of persuasive authority to decide a case
Judges may refer to various types of persuasive authority when deciding a case and determining the applicable law. Case law, also known as common law, is based on precedents, or judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
In the common law tradition, courts interpret statutes and apply precedents that record how and why past cases have been decided. Common law systems are increasingly citing academic writers in legal arguments and decisions as persuasive authority. For example, academic writers may be cited when judges are attempting to implement reasoning that other courts have not yet adopted, or when the judge finds the academic's restatement of the law more compelling than that found in case law.
Persuasive authority, unlike mandatory authority, describes a source of law that carries some weight but does not bind a court. A decision by a lower court is persuasive authority for a higher court, and a decision by any other court is persuasive authority for the Supreme Court, as it is the highest court. In general, a decision by a court of the same rank is also considered persuasive authority. For example, a decision by a court of one jurisdiction is persuasive authority for courts of another jurisdiction.
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. Some bodies are given statutory powers to issue guidance with persuasive authority, such as the Highway Code.
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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.
There are several ways to find case law. One can refer to secondary sources such as articles, books, and treatises that often include references to relevant case law. One can also refer to case citations, which allow researchers to find a case quickly and easily. Additionally, it is important to understand the court system and hierarchy for the relevant jurisdiction.
Examples of case law include Roe v. Wade and Bush v. Gore. Another example is R v Jogee, where the Supreme Court of the United Kingdom ruled that it and other courts had misapplied the law for nearly 30 years.
