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| Case law is is that form of law which provides guidance, through ], as to how ] is to be understood, based on the manner in which prior similar cases have been decided. | Case law is is that form of law which provides guidance, through ], as to how ] is to be understood, based on the manner in which prior similar cases have been decided. Under the prinicple of ], a lower court in a ] | ||
| jurisdiction must interpret the law consistent with a decision of a higher court whose area of jurisdiction includes the lower court. | |||
| Popularly, case law is understood as being established by the decisions of the ] or highest court of the land, or of various ]s. | Popularly, case law is understood as being established by the decisions of the ] or highest court of the land, or of various ]s. | ||
| ⚫ | Factually, case law can rest in the decisions of lower courts as well, especially within the jurisdictions of those lower courts, and when the issue in question has not been decided by a higher court. Among precedents, there are mandatory precedents and non-mandatory precedents. A mandatory precedent is one that a court must follow, while a non-mandatory precedent is one which the court may or may not follow. | ||
| ⚫ | Factually, case law can rest in the decisions of lower courts as well, especially within the jurisdictions of those lower courts, and when the issue in question has not been decided by a higher court. | ||
| In the United States, the ] hears cases, decides issues of legal intepretation and establishes precedent through published opinions only on cases related to ] or the ]. | In the United States, the ] hears cases, decides issues of legal intepretation and establishes precedent through published opinions only on cases related to ] or the ]. | ||
| In the individual state judicial systems of the United States, the highest court may be styled ], ] or other titles. These courts are empowered to render ultimate decisions on issue of ] or their respective ], but lack jurisdiction to interpret issues of ], the United States Constitution, or federal law. | In the individual state judicial systems of the United States, the highest court may be styled ], ] or other titles. These courts are empowered to render ultimate decisions on issue of ] or their respective ], but lack jurisdiction to interpret issues of ], the United States Constitution, or federal law. | ||
| ⚫ | Likewise, under the doctrine of ], the United States Supreme Court is powerless to intervene in issues of State Law except to the extent of deciding whether such law complies with the Constitution of the United States or with federal law enacted by Congress. Thus a decision by the ] on a matter of state law is not a mandatory precedent. | ||
| ⚫ | Likewise, under the doctrine of ], the United States Supreme Court is powerless to intervene in issues of State Law except to the extent of deciding whether such law complies with the Constitution of the United States or with federal law enacted by Congress. | ||
Revision as of 15:51, 25 February 2002
Case law is is that form of law which provides guidance, through precedent, as to how statutory law is to be understood, based on the manner in which prior similar cases have been decided. Under the prinicple of stare decesis, a lower court in a common law jurisdiction must interpret the law consistent with a decision of a higher court whose area of jurisdiction includes the lower court.
Popularly, case law is understood as being established by the decisions of the Supreme Court or highest court of the land, or of various Appellate courts.
Factually, case law can rest in the decisions of lower courts as well, especially within the jurisdictions of those lower courts, and when the issue in question has not been decided by a higher court. Among precedents, there are mandatory precedents and non-mandatory precedents. A mandatory precedent is one that a court must follow, while a non-mandatory precedent is one which the court may or may not follow.
In the United States, the United States Supreme Court hears cases, decides issues of legal intepretation and establishes precedent through published opinions only on cases related to federal law or the United States Constitution.
In the individual state judicial systems of the United States, the highest court may be styled State Supreme Court, Court of Appeals or other titles. These courts are empowered to render ultimate decisions on issue of state law or their respective state constitution, but lack jurisdiction to interpret issues of civil rights, the United States Constitution, or federal law.
Likewise, under the doctrine of federalism, the United States Supreme Court is powerless to intervene in issues of State Law except to the extent of deciding whether such law complies with the Constitution of the United States or with federal law enacted by Congress. Thus a decision by the United States Supreme Court on a matter of state law is not a mandatory precedent.