Case Law: What It Is and Why It Matters

Case law is a body of law that is based on judicial decisions rather than written laws. It is also known as common law. Case law is used in many countries around the world, including the United States, the United Kingdom, and Canada.

Case law is important because it provides guidance //www.nikportal.net/ to judges and lawyers on how to decide legal cases. It also helps to protect individual rights and freedoms.

How Case Law Is Created

Case law is created when a judge issues a decision in a case. The judge’s decision is based on the facts of the case and the law that applies to the case.

If a judge’s decision is appealed, a higher court may review the decision. The higher court may agree with the lower court’s decision or it may overturn the decision.

When a higher court affirms a lower court’s decision, the higher court’s decision becomes precedent. Precedent is law that has been established by previous judicial decisions.

How Case Law Is Used

Case law is used by judges and lawyers to decide legal cases. When a judge is deciding a case, they will look at the precedent that has been established by previous judicial decisions. The judge will also consider the facts of the case and the law that applies to the case.

Case law is also used by lawyers to advise their clients on their legal rights and obligations. Lawyers will research the case law to determine what the law is and how it applies to their client’s case.

Examples of Case Law

Here are a few examples of case law:

  • In the case of Roe v. Wade, the Supreme Court of the United States ruled that women have a constitutional right to abortion.
  • In the case of Brown v. Board of Education, the Supreme Court ruled that racial segregation in public schools is unconstitutional.
  • In the case of Miranda v. Arizona, the Supreme Court ruled that police must inform suspects of their rights before interrogating them.

Conclusion

Case law is an important part of the legal system. It provides guidance to judges and lawyers on how to decide legal cases. It also helps to protect individual rights and freedoms.

If you have any questions or concerns about case law, you should consult with an attorney. An attorney can help you to understand how case law applies to your specific situation.