what is case law ad how is it made. HELP LEASE!?

Question

Thank You

Answer 1

Put simply, case laws are interpretations of a law made by a judge during a trial, and applies to future cases dealt with by that particular law.

Case law is as applicable as any other law, until it is superseded.

Answer 2

Case law is the judge-made interpretation of the law that is made by the courts rather than by the legislative body. The legislative body creates statutory law by crafting the law in the legislature, and case law is the interpretation of law to a specified set of facts. When an issue concerning the law appears before the court for the first time, that is referred to as a case of first impression, because there is not yet established law on that issue as yet.

It is important to note that while a trial level court may make a decision on an issue of first impression, no other court, even other district courts are required to follow that decision. It is not until that issue has been presented before an appellate body does the law have any binding effect. For example, Kansas has three levels of courts, the district courts, the appellate court, and the state supreme court. Decisions made at the appellate level are binding on the district courts but not on the supreme court. Decisions made by the supreme court have binding precedential value on the appellate courts and district courts. Additionally, the highest court of a state is the final arbiter of that state's laws -- the national government has no impact on a state's laws unless the national government enacts laws or makes decisions that directly relate to state laws. In that case the Supremacy Clause of the constitution overrides the state law (a recent example of this would be if the federal government instituted a constitutional amendment banning gay marriage -- since marriage and divorce is currently a state issue, the enacting of a federal law would override the state decisions)

Answer 3

Case law is an instance when a legal case, either criminal or civil, is decided in court, and that decision is utilized to shape or change existing regulations.

This often occurs at the appellate level. Many of the most significant case law examples occur at the Supreme Court. One of the most famous case law instances is Brown v. Topeka (Kansas) Board of Education, which ended legal segregation in public primary and secondary schools, and by extension, in public places across the country.

Case law differs from formal legislation, which is drafted by an elected body either on the local or national level and voted into law. This sort of legislation is known as statutory law.

Answer 4

Case law can be distinguished from laws made by Parliament (statute law). Case law is made by judges who have to interpret and apply the laws made by Parliament. After a trial, a judge has to consider how the laws apply to a particular case and make a decision. After deciding, the judge then makes a ruling and (in many cases) goes on to explain how he arrived at his or her decision. This ruling and explanation, often reduced to writing, is what we call 'case law'. Other judges trying similar cases afterward will then rely on on this ruling and explanation, or some parts of it, to help them interpret the statute law and to decide their cases. A judge's ruling and sometimes very lengthy explanations in important cases are reproduced in law journals such as The All England Law Reports (AER) so that it can be accessible to others.

Answer 5

Case law is a law that has already been decided on and has set a precedence for future cases to follow.

http://en.wikipedia.org/wiki/Case_law