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Case Law OverviewNavigation: Home > Case Law> Case Law Overview
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Case law consists of the written opinions of judges giving the verdict in a particular case and the reasoning behind it, including citations to relevant statutes and other cases. Most case law relies on precedent, or past case law. Each published case is binding on the court below. Another term for case law is "common law." Case law is basically judge-made law. Case law is distinct from statutory law. Case law is not actually codified by legislatures. It is created by judges, but is binding on lower courts. For instance, if the Supreme Court decided on an issue, their decision becomes law. For example, when the Supreme Court ruled that Miranda warnings were required, it became the law across the United States, even though no legislature passed the law or codified it. Similarly, a if a state supreme court rules on a case, the ruling becomes the law of the state, though it is not binding on other states. Cases are often published in several online resources and sets of books, called reporters. They are also published online, in such places as Westlaw and Lexis-Nexis. Once a judge's opinion is handed down, it usually shows up on these almost immediately. |
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