Case Law in the United States

Judicial Opinions

Case law is created when judges write opinions (also called decisions) explaining the reasoning behind their rulings in court cases. These opinions interpret:

• •Constitutional provisions
• •Statutes
• •Administrative rules
• •Prior case law (precedent)

Binding vs. Persuasive Authority

• •Binding precedent: A legal decision from a higher court (in the same jurisdiction) that must be followed by lower courts.
• •Example: U.S. Supreme Court decisions are binding on all federal and state courts.
• •Persuasive precedent: Decisions from courts in other jurisdictions or lower courts that may influence but are not required to be followed.

Hierarchy of Courts

The authority of case law depends on where it comes from in the judicial hierarchy:

• •U.S. Supreme Court: Highest authority on federal constitutional matters.
• •Federal Courts of Appeals (e.g., 2nd Circuit, 9th Circuit): Binding within their circuit.
• •District Courts: Trial-level federal courts; decisions may carry weight but are not binding.
• •State Supreme Courts: Final word on state law, unless it involves federal law or the U.S. Constitution.

Stare Decisis (Let the Decision Stand)

This principle holds that courts should follow precedent to ensure consistency and predictability in the law. It helps:

• •Maintain legal stability
• •Guide lower courts and future decisions
• •Promote fairness by treating similar cases alike

Components of a Case Law Decision

A typical judicial opinion includes:

• •Facts: The background of the case
• •Issue: The legal question(s) the court must answer
• •Rule: The legal principle or law applied
• •Analysis: The court's reasoning
• •Conclusion: The court's final decision (e.g., affirm, reverse, remand)

How Case Law Evolves

Case law evolves as:

• •Courts overturn or modify previous decisions
• •New interpretations of statutes or constitutional clauses emerge
• •Societal values and technologies change