Case law, also known as common law, is a system of law that is based on judicial precedents. This means that courts look to the decisions of previous courts in similar cases when making decisions in new cases. Case law is the foundation of the common law system, which is used in many countries around the world, including the United States, the United Kingdom, and Canada.
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The importance of case law
Case law is important for a number of reasons //galadaritradings.com/ First, it helps to ensure that the law is applied consistently and fairly. When courts look to the decisions of previous courts in similar cases, they are more likely to reach similar outcomes. This helps to promote certainty and predictability in the law.
Second, case law helps to develop the law over time. As society changes, the courts are able to adapt the law to meet the new needs of society. This is done by interpreting existing laws in new ways and by creating new laws to address new problems.
Third, case law provides guidance to lawyers and judges. When lawyers and judges are faced with a legal issue, they can look to case law to see how similar cases have been decided in the past. This can help them to develop their arguments and to make informed decisions.
How case law is created
Case law is created when courts issue rulings in cases. These rulings are published in law reports, which are then used by other courts when making decisions in new cases.
The process of creating case law is known as stare decisis. Stare decisis is a Latin phrase that means “to let the decision stand.” Under the doctrine of stare decisis, courts are generally bound by the decisions of previous courts in similar cases. This helps to ensure that the law is applied consistently and fairly.
Examples of case law
Here are a few examples of landmark case law cases in the United States:
- Marbury v. Madison (1803): This case established the principle of judicial review, which gives the Supreme Court the power to strike down laws that it finds to be unconstitutional.
- Brown v. Board of Education (1954): This case outlawed racial segregation in public schools.
- Roe v. Wade (1973): This case established a woman’s constitutional right to abortion.
- Gideon v. Wainwright (1963): This case established the right of indigent defendants to have an attorney appointed to represent them in criminal cases.
Conclusion
Case law is the foundation of the common law system. It is important because it helps to ensure that the law is applied consistently and fairly, that the law develops over time to meet the new needs of society, and that lawyers and judges have guidance when making decisions.
