“Understanding Case Law: Principles and Implications in Legal Systems”

Understanding Case Law: Principles and Implications in Legal Systems

Introduction

Case law, also known as judicial precedent, refers to the body of law that is established through the decisions made by judges in courts. Unlike statutory law, which is created through legislative processes, case law evolves through the interpretation and application of existing laws to specific circumstances. This report aims to explore the principles of case law, its role within legal systems, and the implications it has for the administration of justice. By examining the foundational concepts and impacts of case law, we can gain insight into its significance in shaping legal doctrine and ensuring consistency and fairness in legal outcomes.

The Principles of Case Law

At the heart of case law is the principle of stare decisis, which translates from Latin to “to stand by things decided.” This principle mandates that courts are bound to follow the precedents established by higher courts within the same jurisdiction. Stare decisis serves two primary functions: it promotes legal stability by ensuring that similar cases are decided in a consistent manner, and it provides a framework for the judicial system, allowing lower courts to rely on established precedents when making their determinations. The hierarchical stru
read more