Case law, also known as common law or precedent, is the body of law that is created by the decisions of judges in courts. It is an important source of law in many countries, including the United States, the United Kingdom, and Canada.
How case law is made
When a court decides a case, it issues //britfox.com/ written opinion that explains the court’s reasoning and the legal principles that the court applied. These opinions are published in law reports, which are used by other judges and lawyers to decide future cases.
The doctrine of stare decisis
The doctrine of stare decisis, which is Latin for “let the decision stand,” is a fundamental principle of case law. Stare decisis requires lower courts to follow the decisions of higher courts in similar cases. This ensures that the law is applied fairly and consistently throughout the legal system.
The importance of case law
Case law is important for a number of reasons. First, it provides guidance to judges and other legal professionals on how to decide cases. Second, it helps to ensure that the law is applied fairly and consistently. Third, case law can be used to develop new legal principles and to adapt the law to changing social and economic conditions.
Examples of case law
Some famous examples of case law include:
Roe v. Wade, which established a woman’s constitutional right to abortion in the United States.
Brown v. Board of Education, which outlawed racial segregation in public schools in the United States.
Gideon v. Wainwright, which established the right of indigent defendants to have an attorney appointed to represent them in criminal cases.
Obergefell v. Hodges, which legalized same-sex marriage in the United States.
How to find case law
Case law can be found in a number of different sources, including law reports, legal databases, and law library websites.
How to use case law
When using case law, it is important to consider the following factors:
The jurisdiction in which the case was decided.
The level of court that decided the case.
The facts of the case.
The court’s reasoning.
The implications of the court’s decision.
Case law as a tool for justice
Case law can be a powerful tool for justice. It can be used to protect the rights of individuals and groups, to hold governments accountable, and to promote social change. For example, the case law on abortion has helped to protect women’s reproductive rights, the case law on school segregation has helped to advance racial equality, and the case law on same-sex marriage has helped to promote LGBTQ+ rights.
Conclusion
Case law is an essential part of the legal system in many countries. It provides guidance to judges and other legal professionals on how to decide cases, it helps to ensure that the law is applied fairly and consistently, and it can be used to develop new legal principles and to adapt the law to changing social and economic conditions. Case law is also a powerful tool for justice. It can be used to protect the rights of individuals and groups, to hold governments accountable, and to promote social change.