Case law
Case law
Case law (pronounced: /keɪs lɔː/) is a collection of judicial decisions from courts and similar tribunals that constitute the body of law in certain jurisdictions.
Etymology
The term "case law" originates from the practice of common law jurisdictions, where the law is developed by judges through decisions of courts and similar tribunals, rather than through legislative statutes or executive branch action.
Definition
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive. For example, a decision by the United States Supreme Court is binding on all lower courts in the United States.
Related Terms
- Stare decisis - A legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case.
- Statutory law - Written law set down by a body of legislature or by a singular legislator.
- Civil law - The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
- Common law - The part of English law that is derived from custom and judicial precedent rather than statutes.
See Also
External links
- Medical encyclopedia article on Case law
- Wikipedia's article - Case law
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