Case law is the law that is established by the decisions of judges in courts. It is also known as precedent or common law. Case law is a primary source of law in many countries, including the United States, the United Kingdom, and Canada.
When a court decides a case, it issues a written Westerlaw.org/ opinion that explains the legal reasoning behind its decision. This opinion is binding on lower courts in the same jurisdiction, and it can also be persuasive authority for courts in other jurisdictions.
The doctrine of stare decisis (Latin for “to stand by decisions”) is the principle that courts should follow the precedent established by previous decisions in similar cases. This doctrine helps to ensure that the law is applied consistently and fairly.
Case law can be used to determine the law on a wide range of topics, including contracts, torts, property, criminal law, and constitutional law. It is an essential tool for lawyers, judges, and law students.
There are several ways to find case law. One way is to use a legal research database, such as LexisNexis or Westlaw. These databases contain case law from all levels of courts in the United States and other countries.
Another way to find case law is to use a law library. Law libraries have collections of case law reporters, which are books that contain the opinions of courts. Case law reporters are organized by jurisdiction and subject matter.
Once you have found a case that is relevant to your research, you should read the opinion carefully to understand the court’s reasoning. You should also pay attention to the facts of the case and the specific issue that the court was deciding.
Case law can be a complex and challenging area of law, but it is also an essential tool for anyone who wants to understand the law.
Here are some examples of how case law has been used to shape the law:
- In the case of Roe v. Wade (1973), the Supreme Court of the United States held that the right to privacy under the Fourteenth Amendment to the U.S. Constitution includes a woman’s right to have an abortion. This decision has been highly controversial, but it has established the law on abortion in the United States for nearly 50 years.
- In the case of Brown v. Board of Education (1954), the Supreme Court of the United States held that racial segregation in public schools is unconstitutional. This decision helped to end segregation in public schools and advance the cause of civil rights in the United States.
- In the case of Miranda v. Arizona (1966), the Supreme Court of the United States held that police must inform suspects of their rights before interrogating them. These rights, which are now known as the Miranda rights, include the right to remain silent and the right to an attorney.
Case law is a dynamic and evolving body of law. As new cases are decided, the law can change. However, the doctrine of stare decisis helps to ensure that the law is applied consistently and fairly.
Case series articles
A case series article is an article that discusses a series of related cases. Case series articles can be used to identify trends in the law, to analyze the impact of a particular legal doctrine, or to compare the decisions of different courts.
To write a case series article, you will need to identify a series of cases that are relevant to your topic. You should then read the opinions in these cases carefully and take notes on the court’s reasoning. You should also pay attention to the facts of the cases and the specific issues that the courts were deciding.
Once you have analyzed the cases, you can start to write your article. In your article, you should discuss the trends that you have identified and analyze the impact of the cases on the law. You should also compare the decisions of different courts and discuss any differences in their reasoning.
Case series articles can be a valuable tool for lawyers, judges, and law students. They can help to identify trends in the law, to analyze the impact of a particular legal doctrine, or to compare the decisions of different courts
