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ee also 5 references 6 external links toggle the table of contents case law 35 languages العربية български català dansk deutsch español eesti euskara فارسی suomi français hausa हिन्दी hrvatski magyar bahasa indonesia ido 한국어 lietuvių minangkabau मराठी bahasa melayu မြန်မာဘာသာ nederlands norsk bokmål polski português русский scots srpskohrvatski српскохрватски simple english српски srpski svenska українська 中文 edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia set of past rulings cited as precedent case law is a law that is based on precedents that is the judicial decisions from previous cases rather than law based on constitutions statutes or regulations case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals these past decisions are called case law or precedent stare decisis a latin phrase meaning let the decision stand is the principle by which judges are bound to such past decisions drawing on established judicial authority to formulate their positions the term is often used interchangeably with common law these judicial interpretations are distinguished from statutory law which are codes enacted by legislative bodies and regulatory law which are established by executive agencies based on statutes in some jurisdictions case law can be applied to ongoing adjudication for example criminal proceedings or family law in common law countries including the united kingdom united states canada australia new zealand south africa singapore ireland india pakistan bangladesh sri lanka nepal bhutan israel and hong kong it is used for judicial decisions of selected appellate courts courts of first instance agency tribunals and other bodies discharging adjudicatory functions 1 2 in common law systems edit criminal cases in the common law tradition courts decide the law applicable to a case by interpreting statutes and applying precedents which record how and why prior cases have been decided unlike most civil law systems common law systems follow the doctrine of stare decisis by which most courts are bound by their own previous decisions in similar cases according to stare decisis all lower courts should make decisions consistent with the previous decisions of higher courts 3 for example in england the high court and the court of appeals are each bound by their own previous decisions however since the practice statement 1966 the supreme court of the united kingdom can deviate from its earlier decisions although in practice it rarely does a notable example of when the court has overturned its precedent is the case of r v jogee where the supreme court of the united kingdom ruled that it and the other courts of england and wales had misapplied the law for nearly 30 years generally speaking higher courts do not have direct oversight over the lower courts of record in that they cannot reach out on their initiative sua sponte at any time to overrule judgments of the lower courts normally the burden rests with litigants to appeal rulings including those in clear violation of established case law to the higher courts if a judge acts against precedent and the case is not appealed the decision will stand a lower court may not rule against a binding precedent even if it feels that it is unjust it may only express the hope that a higher court or the legislature will reform the rule in question if the court believes that developments or trends in legal reasoning render the precedent unhelpful and wishes to evade it and help the law evolve it may either hold that the precedent is inconsistent with subsequent authority or that it should be distinguished by some material difference between the facts of the cases some jurisdictions allow for a judge to recommend that an appeal be carried out if that judgment goes to appeal the appellate court will have the opportunity to review both the precedent and the case under appeal perhaps overruling the previous case law by setting a new precedent of higher authority this may happen several times as the case works its way through successive appeals lord denning first of the high court of justice later of the court of appeal provided a famous example of this evolutionary process in his development of the concept of estoppel starting in the high trees case how case law is made edit the different roles of case law in civil and common law traditions create differences in the way that courts render decisions common law courts generally explain in detail the legal rationale behind their decisions with citations of both legislation and previous relevant judgments and often interpret the wider legal principles the necessary analysis called ratio decidendi then constitutes a precedent binding on other courts further analyses not strictly necessary to the determination of the current case are called obiter dicta which constitute persuasive authority but are not technically binding by contrast decisions in civil law jurisdictions are generally shorter referring only to statutes 4 the reason for this difference is that these civil law jurisdictions adhere to a tradition that the reader should be able to deduce the logic from the decision and the statutes 4 some pluralist systems such as scots law in scotland and types of civil law jurisdictions in quebec and louisiana do not precisely fit into the dual common civil law system classifications these types of systems may have been heavily influenced by the anglo american common law tradition however their substantive law is firmly rooted in the civil law tradition because of their position between the two main systems of law these types of legal systems are sometimes referred to as mixed systems of law law professors traditionally have played a much smaller role in developing case law in common law than professors in civil law because court decisions in civil law traditions are historically brief 4 and not formally amenable to establishing precedent much of the exposition of the law in civil law traditions is done by academics rather than by judges this is called doctrine and may be published in treatises or in journals such as recueil dalloz in france historically common law courts relied little on legal scholarship thus at the turn of the twentieth century it was very rare to see an academic writer quoted in a legal decision except perhaps for the academic writings of prominent judges such as coke and blackstone today academic writers are often cited in legal argument and decisions as persuasive authority often they are cited when judges are attempting to implement reasoning that other courts have not yet adopted or when the judge believes the academic s restatement of the law is more compelling than can be found in case law thus common law systems are adopting one of the approaches long held in civil law jurisdictions judges may refer to various types of persuasive authority to decide a case widely cited non binding sources include legal encyclopedias such as corpus juris secundum and halsbury s laws of england or the published work of the law commission or the american law institute some bodies are given statutory powers to issue guidance with persuasive authority or similar statutory effect such as the highway code in federal or multi jurisdictional law systems there may exist conflicts between the various lower appellate courts sometimes these differences may not be resolved and it may be necessary to distinguish how the law is applied in one district province division or appellate department usually only an appeal accepted by the court of last resort will resolve such differences and for many reasons such appeals are often not granted any court may seek to distinguish the present case from that of a binding precedent to reach a different conclusion the validity of such a distinction may or may not be accepted on appeal of that judgment to a higher court an appellate court may also decide on an entirely new and different analysis from that of junior courts and may or may not be bound by its own previous decisions or in any case may distinguish them on the facts 5 6 where there are several members of a court deciding a case there may be one or more judgments given or reported only the reason for the decision of the majority can constitute a binding precedent but all may be cited as persuasive or their reasoning may be adopted in an argument apart from the rules of procedure for precedent the weight given to any reported judgment may depend on the reputation of both the reporter and the judges 7 nordic nations edit this section does not cite any sources please help improve this section by adding citations to reliable sources unsourced material may be challenged and removed july 2026 learn how and when to remove this message the legal systems of the nordic countries are sometimes included among the civil law systems but as a separate branch and sometimes counted as separate from the civil law tradition in sweden for instance case law arguably plays a more important role than in some of the continental codified law systems the two highest courts the supreme court högsta domstolen and the supreme administrative court högsta förvaltningsdomstolen have the right to set precedent which is in practice however not formally binding on all future application of the law courts of appeal both general courts hovrätter and administrative courts kammarrätter may also issue decisions that act as guides for the application of the law but these decisions may be overturned by higher courts thus case law is used to determine the actual applicability and limits of a law and not as in common law jurisdictions the creation of law see also edit case law categories to display all subcategories click on the case law to display all parents click on the case law v t e judicial activism judicial interpretation law report legal opinion lists of case law precedent references edit garner bryan a 2001 a dictionary of modern legal usage 2nd revised ed new york oxford university press p 177 isbn 978 0 19 507769 8 in modern usage common law is contrasted with a number of other terms first in denoting the body of judge made law based on that developed in england p erhaps most commonly within anglo american jurisdictions common law is contrasted with statutory law black s law dictionary common law 10th ed 2014 p 334 1 the body of law derived from judicial decisions rather than from statutes or constitutions case law contrast to statutory law apple james g a primer on the civil law system pdf fjc gov retrieved 4 may 2018 1 2 3 the judiciary the corpus juris 2024 08 19 retrieved 2024 08 18 us case law justia law retrieved 2019 06 07 eisenberg melvin a 2022 legal reasoning cambridge uk cambridge university press p 80 81 doi 10 1017 9781009162517 isbn 9781009162524 s2cid 262079114 evans p j 2009 the status of rules of precedent cambridge law journal 41 external links edit interactive database of european judgments of national courts in the eu queensland case law queensland judgments reported and unreported case law v t e law core subjects administrative law civil law constitutional law contract criminal law crime deed doctrine equity evidence international law law of obligations private law procedure civil criminal property law public law punishment capital corporal restitution and unjust enrichment statutory law tort disciplines abortion law agricultural law animal law aviation law amnesty law banking law bankruptcy commercial law competition law conflict of laws construction law consumer protection corporate law cyberlaw drugs law election law energy law entertainment law environmental law family law financial law financial regulation health law public health global health immigration law intellectual property international criminal law international labour law international human rights international slavery laws international trade law jurimetrics labour landlord tenant law law of war legal archaeology legal fiction maritime law marriage law military law music law nationality law probate estate will and testament product liability public international law refugee law space law sports law state of emergency tax law transport law trust law unenforced law sources of law charter legal code statutory law constitution custom divine law divine right human rights legitimacy letters patent man made law natural law natural and legal rights case law precedent law reports legal treatise regulations law making ballot measure codification decree edict executive order proclamation legislation delegated legislation regulation reform rulemaking promulgation ratification repeal treaty concordat statutory law statute act of parliament act of congress basic structure doctrine legal systems civil law common law chinese law legal pluralism religious law canon law catholic canon law hindu law jain law jewish law parsi law sharia roman law byzantine law socialist law statutory law xeer yassa legal theory anarchist contract theory comparative law expressive function feminist law and economics legal ethics legal formalism history libertarian international legal theory principle of legality principle of typicality pseudolaw rule of law rule of man sociology jurisprudence adjudication administration of justice admission to practice law constitutionalism criminal justice court martial disbarment dispute resolution fiqh lawsuit litigation legal opinion legal remedy damages deterrence penology proportionality reparations legal status judge justice of the peace magistrate judgment judicial activism judicial interpretation judicial misconduct kangaroo court judicial review jurisdiction jury justice practice of law attorney barrister counsel lawyer legal representation prosecutor solicitor question of fact question of law trial trial advocacy trier of fact ultra vires verdict legal institutions barristers chambers bureaucracy the bar the bench civil society court ecclesiastical court of equity election commission executive judiciary law enforcement agency legal education law school legal industry by country legislature military police political party tribunal history history of the legal profession history of the american legal profession women in law law portal category index outline authority control databases international gnd fast national united states japan spain korea israel other yale lux retrieved from https en wikipedia org w index php title case_law oldid 1377289533 category case law hidden categories articles with short description short description is different from 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