Case law, also known as common law, is a system of law based on precedents, or judicial decisions from previous cases. In a common law system, courts are bound to follow the https://www.investingblog.org/ decisions of higher courts, unless they can be distinguished or overruled. This principle of stare decisis (Latin for “let the decision stand”) ensures that the law is applied consistently and fairly.
Case law is an important source of law in many countries around the world, including the United States, Canada, the United Kingdom, and Australia. It is particularly important in areas of law where there is no legislation, such as constitutional law, tort law, and contract law.
How case law is made
Case law is made when a judge issues a written decision in a case. The decision will set out the facts of the case, the legal arguments of the parties, and the judge’s reasoning for reaching their conclusion. The decision may also include a discussion of relevant case law from previous cases.
Judge-made law is created when a judge interprets the meaning of a statute or the Constitution. This can happen when a statute is ambiguous or when the judge believes that the statute is unconstitutional.
How to find and use case law
Case law can be found in law reports, which are published collections of judicial decisions. Law reports are organized by jurisdiction and by topic. They typically include the full text of the judge’s decision, as well as a summary of the facts of the case and the legal issues involved.
Case law can also be found on legal research databases, such as LexisNexis and Westlaw. These databases allow users to search for case law by keyword, jurisdiction, and date.
The importance of case law
Case law is important because it helps to ensure that the law is applied consistently and fairly. It also provides guidance to lower courts and to lawyers and their clients about how the law will be interpreted in a particular situation.
Case law can also be used to develop new legal principles. For example, in the United States, the Supreme Court has used case law to develop the doctrine of constitutional review, which gives the Court the power to strike down laws that it finds to be unconstitutional.
Examples of case law
Some famous examples of case law include:
- Marbury v. Madison (1803): In this case, the Supreme Court established the principle of judicial review, which gives the Court the power to strike down laws that it finds to be unconstitutional.
- Brown v. Board of Education (1954): In this case, the Supreme Court ruled that racial segregation in public schools is unconstitutional.
- Roe v. Wade (1973): In this case, the Supreme Court ruled that women have a constitutional right to abortion.
- Miranda v. Arizona (1966): In this case, the Supreme Court established the Miranda rights, which must be read to criminal suspects before they are interrogated.
Conclusion
Case law is an important source of law in many countries around the world. It helps to ensure that the law is applied consistently and fairly, and it provides guidance to lower courts and to lawyers and their clients. Case law can also be used to develop new legal principles.