Caselaw, which consists of reported cases, forms the foundation of law in a specific jurisdiction. It can be likened to a comprehensive compilation of narratives detailing legal issues and their resolutions. These narratives serve as the basis for establishing legal principles that guide the resolution of future problems. Therefore, caselaw holds significant importance within any legal system.
Caselaw, also known as decisional law, adjudicative law, jurisprudence, or organic law, is the body of law derived from reported cases within a specific jurisdiction. Legal scholar Karl N. Llewellyn considers it an essential component of any judicial system. As judges resolve practical problems in individual cases, they create rules of law that can be applied to future disputes. These generalizations, based on past decisions, form the basis of a legal system. The landmark case of Brown v. Board of Education (1954) in the United States established the principle of racial desegregation in public schools, while the House of Lords decision in Donoghue v. Stevenson (1932) in the United Kingdom established the principle of negligence in tort law. These examples demonstrate how caselaw can shape the development of legal principles and have far-reaching implications for society, as seen in the significant impact on civil rights and personal injury law in these cases.
Caselaw refers to the collection of legal decisions made by judges in court cases.
Statutes are laws passed by legislative bodies, while caselaw is created through judicial decisions.
Yes, caselaw can be overturned by a higher court or through legislative action.
Caselaw is often cited as precedent to support legal arguments and decisions.
Landmark caselaw refers to decisions that have had a significant impact on the interpretation and application of the law.
Caselaw is typically organized by jurisdiction and can be accessed through legal databases or court websites.
No, caselaw cannot be used to create new laws. Only legislative bodies have the power to create new laws.
Caselaw plays a significant role in common law systems, where judicial decisions are used to interpret and apply the law.
Caselaw can vary between different jurisdictions based on the specific laws and legal traditions of each region.
Yes, caselaw can be used in international legal disputes as a source of persuasive authority.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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