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Case Law

Definition

The law as established by the outcome of former cases.

Deep Dive

Case law, also known as common law or judicial precedent, is the body of law derived from judicial decisions of courts and similar tribunals, rather than from statutes or constitutions. In common law legal systems, judges' rulings on individual cases create legal principles that become binding on future courts when deciding similar cases. This principle, known as *stare decisis* (to stand by things decided), ensures consistency, predictability, and fairness in the application of law, as courts are generally obliged to follow the precedents established by higher courts in their jurisdiction.

Examples & Use Cases

  • 1The landmark Supreme Court decision in Roe v. Wade establishing a woman's right to an abortion created significant case law
  • 2A state appellate court ruling on what constitutes "foreseeable harm" in a negligence case becomes case law for lower courts in that state
  • 3Decisions by the European Court of Justice establishing precedents on competition law across member states.

Related Terms

PrecedentStare DecisisCommon Law

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