case law

Thân thiện

A judge reviews case law in a legal library.

Definition

1. Noun:
   • Law established by judicial decisions: The body of law created by judges through their written opinions and rulings in individual court cases, rather than by legislative statutes or executive regulations.
   • A system of jurisprudence based on precedent: A legal system where past judicial decisions (precedents) are a primary source of law for deciding future cases with similar facts or legal issues.

Usage Examples

• Noun:
  • The judge's ruling relied heavily on existing case law regarding privacy rights.
  • Lawyers must research relevant case law to build a strong argument for their client.
  • Case law on this topic is still developing, as it is a new area of litigation.

Advanced Usage

• "To establish case law": To create a new legal precedent through a court decision.
  • The Supreme Court's decision helped to establish important case law on freedom of speech.
• "Binding case law": Precedent from a higher court that a lower court in the same jurisdiction must follow.
  • The appellate court's decision is binding case law for all district courts in the circuit.
• "Persuasive case law": Precedent from another jurisdiction or a lower court that a judge may consider but is not required to follow.
  • The attorney cited case law from a foreign court as persuasive authority.

Variants and Related Words

• Common Law (n): A major legal system, originating in England, whose primary source is judge-made case law and custom, as opposed to civil (code-based) law.
  • The United States and the United Kingdom are common law countries.
• Precedent (n): A prior court decision that serves as an example or authority for deciding subsequent cases involving similar legal principles or facts.
  • The lawyer argued that the older ruling was a controlling precedent.
• Jurisprudence (n): The theory or philosophy of law; also, a body or system of law.
  • His work contributed significantly to American jurisprudence.

Synonyms

• Judge-made law: Law created by judicial decisions.
• Precedential law: Law based on judicial precedents.

Related Phrases

• Stare decisis (Latin phrase): The legal principle of determining points in litigation according to precedent; "to stand by things decided."
  • The doctrine of stare decisis is the foundation of a case law system.

Học thuật

Noun

1. (civil law) a law established by following earlier judicial decisions
2. a system of jurisprudence based on judicial precedents rather than statutory laws
   • common law originated in the unwritten laws of England and was later applied in the United States

Từ đồng nghĩa

• precedent
• common law