Case law, also known as common law, is a legal system where court decisions in prior cases (precedents) are used to guide future rulings in similar situations. Courts analyze past decisions to determine how similar legal principles should be applied to new cases.

What are the main features of case law?

• Stare Decisis: The principle of following precedent, where courts generally follow the reasoning of past decisions in similar cases to ensure consistency and predictability in the law.
• Doctrine of Binding Precedent: Lower courts are bound by the decisions of higher courts within the same hierarchy, creating a system of vertical precedent.
• Persuasive Precedent: Decisions from courts in other jurisdictions (horizontal precedent) can be persuasive but not binding, influencing legal reasoning.
• Distinguishing Cases: Courts may distinguish a precedent from the case at hand by highlighting factual differences that justify a different outcome.

What are important sub-areas in case law?

• Contract Law: Landmark cases establish principles like consideration (bargained-for exchange) and good faith performance in contracts.
• Tort Law: Precedent defines the elements of negligence, product liability, and intentional torts.
• Property Law: Case law clarifies the rights and obligations associated with real property ownership and intellectual property.
• Criminal Law: Precedent defines the elements of various crimes, mens rea (guilty mind), and criminal defenses.
• Constitutional Law: Supreme Court decisions interpret the constitution, shaping legal principles on federalism, freedom of speech, and due process.

What are key concepts in case law?

• Precedent: A court decision that serves as an example or authority for future cases with similar legal issues.
• Stare Decisis: The principle of following precedent to ensure consistency and predictability in the law.
• Ratio Decidendi: The legal reasoning behind a court's decision, which becomes the binding precedent for future cases.
• Obiter Dictum: Comments or observations made by a judge in a decision that are not essential to the outcome of the case and are not binding as precedent.
• Overturning Precedent: In rare cases, higher courts may overturn precedent if they believe it is outdated or no longer reflects the law.

Who are influential figures in case law?

• Judges: Famous jurists who wrote influential court opinions that shaped legal doctrines in their respective areas. (Examples: Ruth Bader Ginsburg (gender equality), Antonin Scalia (originalism in constitutional interpretation))
• Legal Scholars: Academics who write extensively about legal principles and their application, influencing legal thought and judicial reasoning through their publications. (Examples: Ronald Dworkin (law as integrity), Catharine MacKinnon (feminist legal theory))

Why is case law important?

• Predictability and Consistency: Provides a framework for courts to make consistent rulings, promoting fairness and stability in the legal system.
• Development of Law: Allows the law to adapt to changing social circumstances through the interpretation of precedent in new cases.
• Source of Legal Reasoning: Case law provides a rich resource for lawyers and judges to research and build arguments based on past decisions.

How is case law applied in practice?

• Legal Research: Lawyers research relevant case law precedents to support their arguments in court.
• Judicial Decision-Making: Judges analyze past cases to determine how legal principles should be applied to the case before them.
• Legal Education: Case law is a core component of legal education, teaching students about precedent and legal reasoning.