what is case law?!?!?!?

Answer 1

Case law is that part of law that depends upon precedents from decided cases

Answer 2

When laws are passed, despite the best endeavours of our legislators, it is hard to see how they are going to work out in practice. Case law is the term applied to reported decisions of the courts which offer an interpretation of the law. The higher a case goes, the more persuasive the decision is. In the United Kingdom, if the House of Lords decides something, then other courts will do whatever they can to keep in step with that decision in interpreting the law. In other words, laws mean what the judges say they do.

Answer 3

Laws are specific rules set forth by legislation. this is in words and words are always somewhat imprecise or too precise. it takes a judge and jury to INTERPRET what the law actually means in a specific context or factual setting. This occurs over and over again and some rulings get appealed and go to a higher court who further refine the meaning of the law so it can be applied rationally and fairly and most imoortant, consistently, to all similar fact situations.
This history of the application of the law comes off a list of speciific cases that have been appealed to a higher court. This way an attorney or a lower court judge can find cases similar to the one he is working on to get some guidelines as to how the court will likely rule, or should rule. This is so there is stability.
The court is bound by precedent to rule the same way as the higher court that has already ruled on this type of case has already ruled.( stare decisus)
These precedents are preserved in books of cases that are filed away in libraries by topic, state, district, parteis names, etc for research. Computers do it now too and make it faster and more efficient than before.

These settled opinions of the higher courts make up, together with the actual case, what is called "case law ".
Roe vs Wade is one most famous example. this case was supposed to be the case that settled the abortion question for all time as the court was getting these cases over and over again.
However, if you, as a judge, are convinced that the argument put forth by the attorney, distinguishes the facts of your case from the ruling "case law" enough, he may rule differently, and maybe even set a new precedent for others to follow (if it is appealed.) it has to be appealed to mean anything and be relied upon.
It is up to the attorney to make the case argument for an exception. the judge is not supposed to invent the argument for him and try to bend the law. That is why you need a good attorney to argue for you. One who knows the law and has guts and integrity

Answer 4

A case on the books that was already decided by a judge, thus law. I'm not a lawyer, but that is the best way I know how to explain it. Lawyers use case law to defend their side of an argument.

Answer 5

The term refers to court holdings that have binding authority.

In a common law system, like England or Australia or most of the US, legislators make statutory laws and then judges interpret those laws during court cases. However, unlike a civil law system, in the common law model those court holdings are binding on lower courts, so that the interpretation of the law remains the same for any later cases that address the same issue.

People keep complaining about judges making laws. But that's what they're supposed to do in a common law system. It's been that way for centuries, long before the US was founded. Almost all aspects of tort law, as well as almost all defenses, arise from case law, as do most rules of contract law. In fact, during most civil trials, the vast majority of law being applied is case law.

So, case law is the collective holdings and binding authority within a jurisidiction that says, if this legal issue arises again, this is how it shall be interperted (same as before).

Answer 6

Its like the first time something has been to Court and there has been a ruling on it. Usually complicated things, that are not black and white.
Like if John trips and sues Mark for laughing at him. If John wins and its the first time that has ever been to Court, the other people can sue for the same thing, and it will be referred to as case law. The solicitors will say something like see the case of John v Mark.

Answer 7

case law is decisions of past court cases which is used by Judges to determine the outcome of similar cases

Answer 8

I gave coragyph a thumbs up cos he's cute, is that wrong?

BTW, does a question like what is case law? really need 3 "?"s and 3 "!"s.