Case law, also known as common law, is a body of law that is created by judges through their decisions in specific cases. Case law is based on the principle of stare decisis, which means “to stand by decisions.” This principle requires judges to follow the decisions of higher courts //galadaritradings.com/ in similar cases.
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How is case law created?
Case law is created when a judge issues a decision in a case. The judge’s decision is written in a legal opinion, which explains the judge’s reasoning and the law that was applied to the case. The legal opinion is then published in a law report, which makes it available to other judges and lawyers.
Why is case law important?
Case law is important because it provides guidance to judges and lawyers on how to interpret and apply the law. Case law also helps to ensure that the law is applied consistently from case to case.
Examples of case law:
Some famous examples of case law include:
- Brown v. Board of Education (1954): This case overturned the “separate but equal” doctrine and ruled that racial segregation in public schools was unconstitutional.
- Miranda v. Arizona (1966): This case established the Miranda rights, which must be read to suspects before they are interrogated.
- Roe v. Wade (1973): This case established a woman’s right to abortion under the Constitution.
How to find case law:
Case law can be found in a variety of sources, including:
- Law reports
- Legal databases
- Westlaw
- LexisNexis
- Google Scholar
Case law can also be found on the websites of many courts and government agencies.
Conclusion:
Case law is an important part of the legal system. It provides guidance to judges and lawyers on how to interpret and apply the law. Case law also helps to ensure that the law is applied consistently from case to case.
Here are some additional tips for understanding and using case law:
- When reading a case law opinion, pay attention to the facts of the case, the issue that the court was deciding, and the court’s reasoning.
- Look for case law from higher courts in your jurisdiction. This case law will be more persuasive to the judge in your case.
- Be aware of the date of the case law. Case law can be overturned or modified by newer cases.
- If you are unsure about how to apply case law to your case, consult with an attorney.
