Former Paralegal at Ascent Law (2018–2021)
I wanted to explain what case law is for those who aren’t familiar with the term.
Case law is the set of previously decided cases by courts which are used to determine the outcome of current cases with similar issues. It is a fundamental part of the American legal system and is based on the principle of stare decisis, meaning that courts must stand by the decisions made in prior cases. The history of case law in the United States dates back to the colonial era and has evolved over time in response to social, economic, and political changes.
The American Legal System
The American legal system is based on a hierarchical system of courts, with the Supreme Court at the highest level. There are both federal and state courts and each court has jurisdiction over certain areas of law. At the federal level, the courts are divided into three tiers: the trial court, the appeals court, and the Supreme Court. State courts are divided into trial, intermediate appeals, and supreme courts. Cases can start at either the state or federal level, depending on the type of case and the laws involved.
Sources of Case Law
The primary source of case law is judicial decisions, which are published in official law reports. Judges make decisions based on their interpretation of the applicable law and these decisions are then reported in the official law reports. In addition to judicial decisions, case law can also be found in legal treatises, law reviews, and other legal publications.
Citation of Case Law
When citing case law, the source must be accurately identified and cited according to the appropriate citation format. There are two major citation formats used in the United States: The Bluebook and the ALWD Citation Manual. Each format has its own rules and guidelines for citing different types of sources, including case law. In addition, there are special rules for citing online sources.
Precedent and Stare Decisis
Precedent is the principle that courts must follow the decisions made in prior cases with similar issues. This principle is known as stare decisis and is an essential part of the American legal system. Precedent is used to ensure that similar cases are decided in the same way and to provide consistency and predictability in the legal system.
Impact of Case Law in the United States
Case law has a significant impact on the American legal system, particularly on the development and interpretation of current laws. Case law can be used to interpret statutes, to modify existing laws, and to create new laws. In addition, case law can influence social and economic issues, such as employment rights, consumer protection, and environmental regulations.
In Sum, Case law is an essential part of the American legal system and is used to determine the outcome of current cases with similar issues. It is based on the principle of stare decisis, which requires courts to follow the decisions made in prior cases. Case law can be found in judicial decisions, legal treatises, law reviews, and other legal publications and must be accurately cited according to the appropriate citation format. Case law has a significant influence on current laws and on social and economic issues in the United States.
