Case law, also known as judicial precedent, is a body of law that is created by the courts. It is based on the principle of stare decisis, which means “to stand by decisions.” This principle means that courts are generally bound to follow the decisions of higher courts in previous cases.
Case law is an important source of law in the //ordinarylaw.com/ common law system, which is used in many countries around the world, including the United States, the United Kingdom, Canada, and Australia. It is also used in some civil law countries, such as India and South Africa.
Case law is created when a court issues a decision in a case. The court’s decision is published in a law report, which can be accessed by lawyers and judges in future cases. When a court is faced with a similar case, it will look to the decisions of higher courts in previous cases to see how they have ruled. If the court finds a previous case that is similar to the case at hand, it will follow the decision in that case.
Case law can be used to interpret statutes, resolve legal disputes, and create new law. For example, a court may use case law to interpret a statute that is ambiguous or unclear. A court may also use case law to resolve a legal dispute between two parties. In some cases, a court may create new law by ruling on a legal issue that has never been decided before.
Case law is an important source of law because it provides stability and predictability to the legal system. It also ensures that similar cases are treated in a similar way. However, case law can also be complex and difficult to understand. This is because case law is based on the specific facts of each case, and it can be difficult to apply the law from one case to another.
How to find and use case law
Case law can be found in a variety of sources, including law reports, legal databases, and websites. Law reports are published books that contain the decisions of the courts. Legal databases are online resources that provide access to a wide range of legal materials, including case law. Websites such as LexisNexis and Westlaw also provide access to case law.
To use case law, you first need to identify the relevant cases. You can do this by searching for cases on a legal database or website. Once you have identified the relevant cases, you need to read the decisions carefully to understand how the courts have ruled on the legal issues in those cases.
Case law can be a valuable resource for lawyers, judges, and law students. It can be used to research legal issues, interpret statutes, and resolve legal disputes. However, it is important to use case law carefully and to understand the specific facts of each case.
Examples of case law
Some famous examples of case law include:
- Roe v. Wade (1973): This case established the constitutional right to abortion in the United States.
- Brown v. Board of Education (1954): This case overturned racial segregation in public schools in the United States.
- Miranda v. Arizona (1966): This case established the Miranda rights, which require police to inform suspects of their rights before interrogating them.
- Gideon v. Wainwright (1963): This case established the right to an attorney for indigent defendants in criminal cases.
These are just a few examples of the many important cases that have shaped the law through case law. Case law is an essential part of the common law system, and it plays a vital role in ensuring that the law is applied fairly and consistently.
