is a concept handed down from the early English tradition of trying cases. It is based on the notion that preceding judicial decisions, court interpretations or rules made by courts can be made in the absence of written statutes or other sources of written decisions.
A set of principles and rules of action that have been made by judges by continually writing opinions on cases being litigated. Contrast this with the way that Statutory Law is made. Case Law is built on the principle that judges will decide new cases based on precendent that has been set by previous cases.
Law established by previous decisions of appellate courts, particularly the United States Supreme Court. (See stare decisis in Foreign Words Glossary.)
Precedents from both civil and criminal court cases.
Decisions of federal and state courts about how laws should be applied in specific fact situations. Opinions are reported in various volumes.
law established by judicial decisions in cases as distinguished from law created by legislation. Also called "decisional law."
The law as reflected in the written decisions of the courts.
law which is contingent upon specific circumstances; e.g., "If X does y, then z is the punishment."
Opinions of a court written by a judge. These opinions go into a case reporter.
Judicial opinions issued by a court
the law which develops from court decisions. Such law is in addition to statutes enacted by the Delaware General Assembly or by the United States Congress.
a system of jurisprudence based on judicial precedents rather than statutory laws; "common law originated in the unwritten laws of England and was later applied in the United States"
(civil law) a law established by following earlier judicial decisions
the law as laid down in the decisions of the courts; the law in cases that have been decided. Compare with statute.
Decisions or findings of courts regarding litigated matters.
the law as formed by past court decisions, opinions, interpretations, or traditions.
Judge-made law based upon decided cases.
Law made by judges interpreting constitutions, statutes, and other case law.
The body of decisions made by appellate courts which represents interpretations of statutes, regulations and constitutions. Also known as the "common law."
Legal opinions of courts that have the force of law; a primary source of law in the United States and other common law countries.
laws created by earlier judicial decisions regarding the same arguments. Our legal system follows the doctrine of stare decisis which means to rely on earlier decisions where the same points arise again. For example, in the judgment collection field we often make reference to cases such as Young v. Keele [188 Cal.App.3d 1090, 233 Cal.Rptr. 850] which allows a judgment collector “the widest scope for inquiry concerning property and business affairs of the debtor†during a judgment debtor examination.
The body of law created by judges' written opinions.
The body of law created by judges' decisions on individual cases.
The body of knowledge and precedent established over time by judicial decisions made regarding the interpretation of common law and statute law rules in particular cases.
Decisions of federal and state courts interpreting and applying laws in specific fact situations. Opinions are reported in various court reporting volumes.
Law composed of previously written decisions of appellate courts.
The law as established in previous court decisions. A synonym for legal precedent. Akin to common law, which springs from tradition and judicial decisions.
Laws established by court decisions, rather than specific laws or statutes.
This file provides access to three authoritative sources of information on the validity and interpretation of the rules of Community law : decisions of Community law courts (judgments, orders, seizure, third party proceedings) in their respective areas of jurisdiction; opinions of the Court of Justice of the European Communities and the opinions of the Advocates-General.
The aggregate of reported cases as forming a body of jurisprudence, or the law of particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other sources of law.
Law that arises and develops through court decisions, as opposed to the legislative process.
Law that is based on the results of previous court cases.
The law as laid down in cases that have been decided in the decisions of the courts.
Law established by precedent, predominantly decisions of state Supreme Court or United States Supreme Court, used to support your position. Any opinion cited by a district court or another state is merely persuasive. It is not controlling law.
the law of the US is essentially made up of two key elements - statutes, which are the legislative rules passed by Congress and State Legislatures and case law which is the interpretation of those rules by the courts and which can be binding upon courts deciding upon similar matters in the future. Case law can be many hundreds of years old and still relied upon if the point of law which the case decided was an important one, or it can be overturned almost immediately if a higher court believes that it reflects an incorrect conclusion.
Decisions issued by a court.
The law as reflected and shaped by the history of decisions of the courts.
Law based on previous decisions of appellate courts.
Precedent established by a particular ruling of a court in applying a statute under specific circumstances; used by attorneys and courts in subsequent application of the same statute under similar circumstance.
The aggregate of reported cases that form a body of jurisprudence, or the law of a particular subject as evidenced or decided by the decided cases, in distinction to statutes and other sources of law.
The law based on decisions by judges. Case law reflects how the courts interpret laws.
The law as laid down in cases that has been determined in the decisions of the courts.
The body of previous decisions, or precedents, which have accumulated over time and to which attorneys refer when arguing cases, and which judges use in deciding the merits of new cases.
The body of written law established through judicial decisions, instead of legislative action (which establishes statutory law)
Principles of law established by judicial decisions rather than by legislation.
Legal sayings with modifying clauses often in the ifäthen form: "If this is the situation...then this is the penalty"; also called casuistic law, this type of legal formulation contrasts with absolute law. See Chapter 3.
The entire collection of published legal decisions of the courts which, because of stare decisis, contributes a large part of the legal rules which apply in modern society. If a rule of law cannot be found in written laws, lawyers will often say that it is a rule to be found in "case law". In other words, the rule is not in the statute books but can be found as a principle of law established by a judge in some recorded case. The word jurisprudence has become synonymous for case law.
System of jurisprudence that is based on court decisions instead of statutes passed by a legislative body, i.e. based on the principles decided by the courts
Law established by the history of judicial decisions in cases.
Case law (also known as precedential law or decisional law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsbury's Laws of England or the doctrinal writings found in the Recueil Dalloz and law commissions such as the American Law Institute. The term "common law" is also often used to mean case law.