Case Law
Case law refers to the body of legal decisions made by judges in court cases. These decisions establish precedents that can be used to interpret and apply the law in future cases. Case law plays a crucial role in shaping and evolving the legal system, as it provides guidance and clarity on how laws should be interpreted and enforced.
8 Key excerpts on "Case Law"
eBook - ePub- David Kelly(Author)
- 2020(Publication Date)
- Routledge(Publisher)
...4 SOURCES OF LAW: Case Law 4.1 INTRODUCTION Case Law, or common law, refers to the creation and refinement of law in the course of judicial decisions. The preceding chapter has highlighted the increased importance of legislation in its various guises in today’s society but, even allowing for this and the fact that Case Law can be overturned by legislation, the UK is still a common law system and the importance and effectiveness of judicial creativity and common law principles and practices cannot be discounted and should not be underestimated. 4.2 PRECEDENT The doctrine of binding precedent, or stare decisis, lies at the heart of the English legal system. The doctrine refers to the fact that, within the hierarchical structure of the English courts, a decision of a higher court will be binding on a court lower than it in that hierarchy. In general terms, this means that, when judges try cases, they will check to see whether a similar situation has come before a court previously. If the precedent was set by a court of equal or higher status to the court deciding the new case, then the judge in the present case should follow the rule of law established in the earlier case. Where the precedent is from a lower court in the hierarchy, the judge in the new case may not follow, but will certainly consider, it. (The structure of the civil courts will be considered in detail in Chapter 6 and that of the criminal courts in Chapter 9.) 4.3 LAW REPORTING It is apparent that the operation of binding precedent is reliant upon the existence of an extensive reporting service to provide access to previous judicial decisions. This section briefly sets out where one might locate case reports on particular areas of the law...
eBook - ePubSchool Law for K-12 Educators
Concepts and Cases
- Frank D. Aquila(Author)
- 2007(Publication Date)
- SAGE Publications, Inc(Publisher)
...Introduction to the Legal System and Legal Research OVERVIEW OF THE LEGAL SYSTEM The heart of the body of knowledge commonly identified as education or school law is statutory and Case Law. The material included in this book, whether case briefs, outlines, or textbook/treatise reference information, provides a summary of the most important aspects of the law regarding education. Statutory law is made up of criminal and civil laws, or statutes. Statutes are enacted by a governmental body authorized to pass such laws. For example, Congress enacts federal statutes; state legislatures enact state statutes; and local elected bodies, such as city councils, enact municipal ordinances. Case Law refers to the body of written decisions that have been rendered at the conclusion of lawsuits, or cases, that come before various courts. Two types of courts with which you will need to be familiar are trial courts and appellate courts. A trial court renders two types of decisions: decisions based on law and decisions with respect to facts. Trial court decisions made on the basis of law are usually made by a judge; a jury makes findings of fact. An appellate court generally reviews the decisions of trial courts in order to determine whether proper procedures were followed and whether the correct law was applied. Usually, only appellate courts render decisions that, when published, become Case Law. Another way to categorize courts is by the nature of the disputes that particular courts consider. In civil law, legal disputes arising between two or more parties usually occur in a particular state or are based on state law principles. Such suits are properly filed in state courts. On the other hand, matters that arise in or involve more than one state (diversity jurisdiction) or that specifically involve the federal government, federal laws, or federal constitutional issues are filed in federal courts. In the state court system, a case is first heard by a trial court...
eBook - ePubDeciding Communication Law
Key Cases in Context
- Susan Dente Ross(Author)
- 2004(Publication Date)
- Routledge(Publisher)
...The rule of law is the essence of case precedent. It is not limited to the facts of this case but rather establishes a more general principle or process to govern future analogous cases. Standard briefs are limited to two typed pages in length, with the content of each of the elements single-spaced and a double space between elements. Standardized briefs include the names of each of the elements (except Citation) and present them in the following way. Name of Case Official Citation (Date of Decision) FACTS: ISSUE: OUTCOME: Answer. Judge. (Vote). ANALYSIS: CONCURRENCE(S) OR DISSENT (S) [If any]: Judge. (Number joining the opinion). Reasoning. RULE OF LAW: Finding the Law Students of communication law will begin exploring that body of the law through the materials in this book. However, successful legal scholars, researchers and practitioners perform an extensive amount of research using legal encyclopedias, Case Law, articles from legal and scholarly journals, historical records and the text of the law itself. The diversity of specialized documents that comprise the law appears in a variety of forms, but the law is organized into a highly structured and extremely useful cross-referencing scheme. As in all fields of research, legal research incorporates both primary and secondary sources. Primary sources are original or first-hand, direct records of the law itself. Secondary sources encompass summaries, analyses, commentaries and compilations of various aspects of the law. While secondary sources generally are considered inferior to primary sources because they are a step removed from the actual law, both types of documents are valuable in legal research. RESEARCH STRATEGY It is not helpful to tell a beginning legal researcher that legal research begins at its logical starting point. Unfortunately, however, that is true. Effective legal research sometimes begins with secondary sources, sometimes with cases, sometimes with statutes...
eBook - ePubEnglish Legal System
An Emerald Guide
- (Author)
- 2015(Publication Date)
- Straightforward Publishing Digital(Publisher)
...Lawyers advise clients on the likely outcome of cases and it also allows people to operate their businesses in the certainty that what they do is within the law. Consistency and fairness It is seen as just and fair that similar cases are decided in the same way. Precision As the principles of law are set out in actual cases, the law becomes very precise. Flexibility There is room for the law to change as the Supreme Court can use the Practice Statement to overrule cases. Time- saving Precedent can be considered a useful time saving device as where a principle has been established, cases with similar facts are unlikely to go through the lengthy process of litigation. Disadvantages Rigidity The fact that lower courts have to follow decisions of higher courts, together with the fact that the Court of Appeal has to follow its own past decisions, can make the law too inflexible so that bad decisions made in the past can be perpetuated. Complexity There are many reported cases and it may be complex and time consuming to find the right case on which to base a decision. Illogical distinctions The use of distinguishing to avoid past decisions can lead to illogical distinctions so that some areas of law have become very complex. Reporting cases Written law reports have existed in England and Wales since the 13 th century. Reports right from the early times were inaccurate and difficult to follow. In 1865 the Incorporated Council of Law was set up, controlled by the courts. Law reports became more accurate and precise, with judgements being noted word for word. This accuracy of reports was one of the factors in the development of the strict doctrine of precedent. There are also other well established reports today, notably the All England Series (abbreviated to All ER) and the weekly law Reports (WLR). The internet also provides reports, websites such as www.lawreports.co.uk and www.publications.parliament.uk. ***************...
eBook - ePub- (Author)
- 2013(Publication Date)
- Straightforward Publishing Digital(Publisher)
...Lawyers advise clients on the likely outcome of cases and it also allows people to operate their businesses in the certainty that what they do is within the law. Consistency and fairness It is seen as just and fair that similar cases are decided in the same way. Precision As the principles of law are set out in actual cases, the law becomes very precise. Flexibility There is room for the law to change as the House of Lords can use the Practice Statement to overrule cases. Time- saving Precedent can be considered a useful time saving device as where a principle has been established, cases with similar facts are unlikely to go through the lengthy process of litigation. Disadvantages Rigidity The fact that lower courts have to follow decisions of higher courts, together with the fact that the Court of Appeal has to follow its own past decisions, can make the law too inflexible so that bad decisions made in the past can be perpetuated. Complexity There are many reported cases and it may be complex and time consuming to find the right case on which to base a decision. Illogical distinctions The use of distinguishing to avoid past decisions can lead to illogical distinctions so that some areas of law have become very complex. Reporting cases Written law reports have existed in England and Wales since the 13 th century. Reports right from the early times were inaccurate and difficult to follow. In 1865 the Incorporated Council of Law was set up, controlled by the courts. Law reports became more accurate and precise, with judgements being noted word for word. This accuracy of reports was one of the factors in the development of the strict doctrine of precedent. There are also other well established reports today, notably the All England Series (abbreviated to All ER) and the weekly law Reports (WLR). The internet also provides reports, websites such as www.lawreports.co.uk and www.publications.parliament.uk....
eBook - ePubPrecedents, Statutes, and Analysis of Legal Concepts
Interpretation
- Scott Brewer, Scott Brewer(Authors)
- 2013(Publication Date)
- Routledge(Publisher)
...The Theory of Judicial Precedents. THE importance of judicial precedents has always been a distinguishing characteristic of English law. The great body of the common or unwritten law is almost entirely the product of decided cases, accumulated in an immense series of reports extending backwards with scarcely a break to the reign of Edward I at the close of the thirteenth century. Orthodox legal theory indeed long professed to regard the common law as customary law, and the reported precedents as merely evidence of the customs and of the law derived therefrom. But this was never much better than an admitted fiction. In practice, if not in theory, the common law of England has been manufactured by the decisions of English judges. Neither Roman law, however, nor any of those modern systems which are founded upon it, allows any such place or authority to precedent. They allow to it no further or other influence than that which is possessed by any other expression of expert legal opinion. A book of reports and a text-book are on the same level. They are both evidences of the law; they are both instruments for the persuasion of judges; but neither of them is anything more 1. English law, on the other hand, draws a sharp distinction between them. A judicial precedent speaks in England with a voice of authority; it is not merely evidence of the law but a source of it; and the courts are bound to follow the law that is so established. It seems clear that we must attribute this feature of English law to the peculiarly powerful and authoritative position which has been at all times occupied by English judges. From the earliest times the judges of the king's courts have been a small and compact body of legal experts. They have worked together in harmony, imposing their own views of law and justice upon the whole realm, and establishing thereby a single homogeneous system of common law. Of this system they were the creators and authoritative interpreters...
eBook - ePub- Angela Stanhope(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...This could include the following: Statements made by the judge/judges that are general statements of law. Illustrations, examples and hypothetical scenarios. Persuasive precedents These are precedents, which are not binding, but they may be of persuasive authority. For example, obtier dicta from the House of Lords/Supreme Court are of strong persuasive authority. Decisions of the Privy Council are also persuasive. Aim Higher It is of critical importance that you are able to show that you understand the meaning of these key terms and that you are able to offer illustrations and examples. You may find it helpful to visit the companion website and use the Flash Cards to test your understanding of these and other key legal terms. Precedent and the courts The doctrine of precedent operates on the basis of the hierarchy of the courts. In order to fully understand the operation of precedent, you will need to know the hierarchy of the courts and the individual rules that pertain to each court in relation to the operation of precedent. The Supreme Court In 2009 the Supreme Court replaced the Judicial Committee of the House of Lords. The Supreme Court sits at the top of the court structure in the English legal system. The decisions of the Supreme Court and its predecessor the House of Lords are binding on all lower courts. For many years the House of Lords was bound by its own previous decisions, London Tramways Co Ltd v London County Council (1898)...
eBook - ePub- Jacqueline Martin(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...2 Judicial precedent 2.1 The doctrine of precedent 2.1.1 Stare decisis 1 It is a fundamental principle that like cases should be treated alike. 2 The Latin maxim stare decisis (stand by decisions of past cases) is the basis of the doctrine of precedent. 3 Precedent, as operated in the English legal system, requires that in certain circumstances a decision on a legal point made in an earlier case MUST be followed. 4 The doctrine is that: • all courts are bound to follow decisions made by courts above them in the hierarchy; and • appellate courts are normally bound by their own past decisions. 5 An extreme example of this was seen following the decision in Re Schweppes Ltd’s Agreement (1965), in which one judge in the Court of Appeal dissented. Later on the same day, when the same point of law was involved in a second case (Re Automatic Telephone and Electric Co Ltd’s Agreement (1965)), that judge said he was now bound to follow the earlier decision. 2.1.2 Original precedent 1 Where there is no previous decision on a point of law that has to be decided by a court, then the decision made in that case on that point of law is an original precedent. 2 Usually, when faced with the situation of having to form an original precedent, the court will reason by analogy. Cases that are nearest to it in principle will be considered, though they are not binding. If there is any parallel, the court may decide that the same type of principle should apply (Hunter and others v Canary Wharf Ltd and London Dockland Development Corporation (1995)). 3 Such decisions used to be considered a declaratory precedent, ie the judges in the case merely declared what the law had always been, although this was the first time it had had to be decided. Supporters of this theory believed that judges did not create new law when making a decision; they merely declared what the law had always been...
