Case Law
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What is case law?
Case law is a body of law created by judges and other legal officials when they issue decisions in specific cases. These decisions are then used to guide future decisions in similar cases. Case law is an important source of law in many common law jurisdictions, such as the United States, the United Kingdom, and Canada.
Why is case law important?
Case law is important because it provides guidance to judges and other legal officials when they are making decisions in new cases. By looking at how judges have decided similar cases in the past, they can get a better idea of how to decide the case at hand. Case law also helps to ensure that the law is applied consistently from case to case.
How is case law created?
Case law is created when a judge or other legal official issues a decision in a specific case. The decision is then published in a law report, which is a collection of decisions that are considered to be authoritative. Law reports are used by judges and other legal officials to research the law and to find guidance for their own decisions.
What are the different types of case law?
There are two main types of case law: binding case law and persuasive case law. Binding case law is law that is created by a court that is higher in the court hierarchy than the court that is making the decision. Persuasive case law is law that is created by a court that is lower in the court hierarchy than the court that is making the decision. Binding case law is always followed by lower courts, while persuasive case law is not.
How can I find case law?
There are a number of ways to find case law. You can use a legal database, such as LexisNexis or Westlaw, or you can search for case law on the internet. You can also find case law in law libraries.
How do I cite case law?
When you cite case law, you need to include the following information: the name of the case, the court that decided the case, the date of the decision, and the citation to the law report where the decision is published. The citation to the law report will include the volume number, the reporter abbreviation, and the page number.
