What exactly is caselaw?
Asked by: Prof. Garfield Farrell | Last update: February 19, 2026Score: 4.5/5 (26 votes)
Case law is the body of legal principles derived from judges' written decisions in past court cases, forming legal precedent that guides future rulings, particularly in common law systems like the U.S., ensuring consistency and interpretation of statutes and regulations. It provides the "law" as established by outcomes, with higher court decisions binding lower courts under stare decisis ("to stand by things decided"), creating a stable, evolving legal framework.
What does caselaw mean?
Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another.
Why do lawyers use case law?
Attorneys use published case law as a means to interpret the law. For these reasons, few trial court decisions are published in case reporters.
What makes up case law?
Case law is the previous decision by judges forming principles for interpreting the law. These opinions help courts decide what to do in new cases. This is called legal precedent.
What's the difference between case law and precedent?
Case law, or judicial precedent, refers to the body of prior judicial decisions that guide courts in deciding future cases with similar issues or facts. The principle of stare decisis, meaning “to stand by things decided,” ensures that courts adhere to precedent, providing stability and predictability in the law.
Case Law
Can caselaw be overturned?
Higher courts may overturn the decisions of lower courts. Supreme courts can also overturn precedents established in previous court decisions. In the United States, the U.S. Supreme Court is the highest authority with regard to precedent and decision-making within its jurisdiction.
What are some famous caselaw examples?
Landmark United States Supreme Court Cases
- Marbury v. Madison (1803) ...
- McCulloch v. Maryland (1819) ...
- Gibbons v. Ogden (1824) ...
- Dred Scott v. Sandford (1857) ...
- Schenck v. United States (1919) ...
- Brown v. Board of Education (1954) ...
- Gideon v. Wainwright (1963) ...
- Miranda v. Arizona (1966)
What are the 4 types of law?
The four main types of law, especially in the U.S. system, are Constitutional Law, Statutory Law, Administrative Law, and Case Law (Common Law), which derive from different governmental sources, from supreme foundational principles (Constitution) to laws passed by legislatures (Statutes), rules from agencies (Regulations), and judge-made precedents (Case Law).
What are the limitations of case law?
Here are some of the limitations of case law: Incomplete or Inconsistent Precedents: Precedents are often based on specific facts and circumstances of a particular case. This can result in limited or incomplete guidance for future cases with similar legal issues.
What are the three types of cases?
The three main types of legal cases are criminal, civil, and bankruptcy, with criminal cases further divided into infractions, misdemeanors, and felonies, while civil cases cover disputes like personal injury or contract issues. Other categorizations exist, such as crimes against persons, property, or society, or federal court case types like federal question or diversity of citizenship cases.
Is case law always mandatory?
Persuasive. Authorities that courts must follow are called mandatory (or binding) authority. Authorities, i.e. case law, that courts may follow but are not required to are called persuasive (or non-binding) authority. Secondary authority is always persuasive because it is not the law.
Do all lawyers argue cases in a courtroom?
Lawyers possess the legal knowledge and expertise to understand legal matters, but they may choose career paths that don't involve representing clients in courtroom settings.
Why don't attorneys take cases?
Even if the deadline hasn't passed yet, an attorney may still decline your case if there isn't enough time to build a strong legal argument. Not all law firms have the resources to handle your case. Some firms lack the expertise or capacity to take on complex or large-scale litigation.
What is another word for caselaw?
Case law, also used interchangeably with common 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.
What does LLB stand for in legal terms?
…the LL. B. "stands for 'Legum Baccalaureus,' the formal Latin designation for what was once almost universally the first professional law degree in the United States, the Bachelor of Laws.
What does Esse mean in law?
In being. Actually existing. Distinguished from in posse, which means “thatwhich is not, but may be.” A child before birth is in posse; after birth, in esse.
Why is case law so important?
Case law ensures consistency throughout the legal system, and it's the reason why U.S. Supreme Court cases are given such great attention. Because all lower courts must abide by the precedents set by the U.S. Supreme Court, these key decisions affect the rights of citizens for years to come.
Can a judge overrule a statute of limitations?
While a brief may provide reasoning for why a particular statute does not apply or suggest exceptions, it cannot change the law itself. Judges must adhere strictly to the statutes unless there is a valid cause to extend the time frame, which would still fall under the statute.
What are the two criteria that must be met to ensure a case is not a request for an advisory opinion?
THEREFORE, FOR A case to be justiciable, and for it not to be a request for an advisory opinion, there must be an actual dispute between adverse litigants, and there must be a substantial likelihood that a favorable federal court decision will have some effect.
What is the oldest U.S. law still in effect?
An Act to regulate the Time and Manner of administering certain Oaths was the first law passed by the United States Congress after the ratification of the U.S. Constitution. It was signed by President George Washington on June 1, 1789, and parts of it remain in effect to this day.
What is the easiest type of law to practice?
The "easiest" law to practice often points to Estate Planning, due to less courtroom drama, predictable work (wills, trusts), steady client demand (aging population), and good work-life balance with fewer late nights, though some find the topic of death difficult; Real Estate Law is also cited for its paperwork focus, contract work, and milestone closings; while transactional law fields like Corporate or IP law offer less litigation stress than, say, criminal law.
What is divine law?
Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or gods – in contrast to man-made law or to secular law.
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
What is the most famous law in the world?
Murphy's law is an adage or epigram that is typically stated as: "Anything that can go wrong will go wrong."
Is caselaw law?
Case law is the body of law developed from judicial opinions or decisions over time (whereas statutory law comes from legislative bodies and administrative law comes from executive bodies). This guide introduces beginner legal researchers to resources for finding judicial decisions in case law resources.