Case Law, often used interchangeably with the term Common Law, refers to the precedents

and authority set by previous court rulings, judicial decisions and administrative legal findings
or rulings. This is one of the main categories of law, with constitutional law, statutory
law and regulatory law.
Although statutory laws, created by legislative bodies in concurrence with constitutional law,
strive to provide overall direction, guidance and rules for society at large, it is impossible to deal
with all situations, legal issues and questions by this manner alone. Our judicial bodies are
tasked with interpreting law and in doing so, often set precedent where statutory, regulatory
and even constitutional law is vague, unclear or silent. All of these precedents make up case
law.
Stare decisis is the doctrine of precedent. It is the abbreviation of the full Latin phrase stare
decisis et non quieta mvere, of which the literal translation is to stand by decided matters and not
to disturb settled matters. This means that a court will rule according to a previously established
decision or finding. Although this does not always hold true, it is very difficult to obtain a ruling
against precedent, and generally involves appellate courts. Additionally, legislatively created
statutes may be enacted which overrule precedent. The decision cited for precedent must be
from a court higher than the one hearing the current case. And in fact, case law is most often
established by appellate courts.
Case law is generally very jurisdiction-specific. For example, a case in California would typically
not be overseen and decided using precedent set in Maine. Instead, previous California rulings
on the issue would be reviewed to determine interpretation of the law or issue, allowing a party
to cite binding precedent. If no such previous rulings exist, one may offer precedent from a
different jurisdiction, but rather than binding, this would merely be persuasive authority. T
here are also other factors in play which affect the binding authority of a specific case in
common law, such as how old the decision is and how closely the material facts match in both
cases.
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Articles on HG.org Related to Case Law

Florida Murderabilia and Son of Sam Laws

It is the times really, crime fascinates our society, and the morbid curiosity for all things crime
can be nauseating at extreme levels. The biggest culprits for the advance of this crime
fascination are the media and cinema.

Warratless Blood Draw in DUI Investigation

In Missouri v. McNeely, the United States Supreme Court decided that a blood draw is a
search which is protected under the Fourth Amendment.

Legally Insane: The Insanity Defense

The insanity defense is one of the least successful defenses in a criminal case. The
determination of the suspects mental state at the time of the criminal offense, as well as at
the time of trial can be a challenging task; the defense actually has the burden of proof in
Federal cases, as well as most State charges, in showing the defendant to be insane.

The Supreme Courts Decision in Susan B Anthony List v Driehaus -a Victory for Civil
Rights Plaintiffs
Say that you need a permit to pursue your chosen occupation, but you believe that the costly
administrative procedure to acquire said permit is unconstitutional. You have been ticketed
for operating without a permit, and have every reason to believe that you will be ticketed
again, but you have yet to be arrested and thrown in jail. Can you bring a suit alleging the law
to be unconstitutional, or do you first have to be arrested or submit to the costly permit
procedure before you can sue?

Navy Again Requires Self-Reporting of Arrests and Prosecutions

As part of its personnel management directed by Congress, the Navy is using civilian
misconduct as a indicator for discharging persons.

Freedom of Information Act and Privacy

Most township officials are aware of the importance of complying with the Freedom of
Information Act (FOIA). Like a number of other areas of law, compliance with such a statute
has become increasingly complex as a result of shifting interpretations by the courts. Learn
more about the cases that have had an effect on the interpretation of the act in recent years.

Challenges for Cause: What You Don't Know Can Hurt You
Even attorneys experienced in voir dire have difficulty understanding how trial judges apply
the law concerning challenges for cause. This article will cover both the statutory and case law
on the subject as well as suggesting how to convince a prospective juror to admit bias.
Perhaps, more importantly, it will also suggest ways to convince the trial judge to sustain the
challenge.

Republican 2008 Presidential Election Tactics, Robo Calls and Negative Attack Ads
A discussion of some of the tactics being employed in the 2008 Presidential Election to sow
seeds of distrust and fear. The author asks whether the backlash against these tactics that are
generating anger and fear among voters at political rallies will yet cause John McCain, a decent

man with an honorable past, to repudiate the results of his own negative campaign ads and
strategies.

The Risks of Serving Alcohol to a Minor in Hotels, Restaurants, Nightclubs and Bars in
California

The author looks at the what can happen to a restaurant, hotel, nightclub or bar that serves
alcohol to a minor. Using the example of two restaurants in the Coachella Valley caught after
the fact having serving liquor to minors, the author discusses the facts of two cases to show
the deadly results that can follow from such actions.
Drug Charges and Their Defense

Drug offenses come in many varieties with one common factor, the penalties for a conviction
are severe and may result in lengthy prison sentences and fines. An aggressive defense is
necessary. Review this article related to drug charges and their defense.
All Government Law Articles

Articles written by attorneys and experts worldwide discussing legal aspects related to
Government including: administrative law, case law, election and political law, federal law,
government contracts, local, municipal and state law, military law, public law, regulatory law,
US federal courts.

Case Law - US
Court Opinion

]
Court opinions are the pronouncements of judges on the legal controversies that come
before them. In a common-law system, court opinions constitute the law by which all
controversies are settled. Attorneys analyze prior opinions on similar legal issues, attempting
to draw parallels between their case and favorable court opinions and to distinguish
unfavorable opinions. Judges study relevant opinions in rendering their decisions.

Judicial Precedent
A judgment of a court of law cited as an authority for deciding a similar set of facts; a case
which serves as authority for the legal principle embodied in its decision. The common law
has developed by broadening down from precedent to precedent. A judicial precedent is a
decision of the court used as a source for future decision making. This is known as stare
decisis (to stand upon decisions) and by which precedents are authoritative and binding and

must be followed. In giving judgment in a case, the judge will set out the facts of the case,
state the law applicable to the facts and then provide his or her decision. It is only the ratio
decidendi (the legal reasoning or ground for the judicial decision) which is binding on later
courts under the system of judicial precedent.

Legal Research - Finding Federal Case Law

The federal legal system has its own system of courts that is completely separate from the
state court systems. * Not surprisingly, the highest court in the federal system is called the
United States Supreme Court. * The intermediate appellate courts are called the United States
Circuit Courts of Appeals, T * The trial courts are called the United States District Courts.
Several states are contained within the jurisdiction of each U.S. Circuit Court of Appeals. Each
state has at least one U.S. District Court, and larger states may have two or more.

Public Library of Law - Case Law

The Public Library of Law is the worlds largest online database of free law. Our library brings
free materials from across the Web together in one place, and adds hundreds of volumes of
law that has previously only been available with a subscription.

Ratio Decidendi - Wikipedia

Ratio decidendi (Latin plural rationes decidendi) is a Latin phrase meaning "the reason" or
"the rationale for the decision". The ratio decidendi is "the point in a case that determines the
judgment" or "the principle that the case establishes".

Organizations Related to Case Law

Case Management/Electronic Case Files (CM/ECF)

The federal judiciary's Case Management/Electronic Case Files (CM/ECF) project revolutionized
the way in which the federal courts manage their cases and documents. This easy-to-use
system allows attorneys to file documents directly with the court over the Internet and allows
courts to file, store, and manage their case files in an easy-to-access, transparent way.

Fastcase
Fastcases libraries include primary law from all 50 states, as well as deep federal coverage
going back to 1 U.S. 1, 1 F.2d 1, 1 F.Supp. 1, and 1 B.R. 1. The Fastcase collection includes
cases, statutes, regulations, court rules, and constitutions. Fastcase also provides access to a
newspaper archive, legal forms, and a one-stop PACER search of federal filings through our
content partners.

United States Courts

The three branches of the federal government legislative, executive, and judicial operate
within a constitutional system known as "checks and balances." This means that although
each branch is formally separate from the other two, the Constitution often requires
cooperation among the branches. Federal laws, for example, are passed by Congress and
signed by the President. The judicial branch, in turn, has the authority to decide the
constitutionality of federal laws and resolve other disputes over them, but judges depend
upon the executive branch to enforce court decisions.

United States Department of Justice

Our mission - To enforce the law and defend the interests of the United States according to
the law; to ensure public safety against threats foreign and domestic; to provide federal
leadership in preventing and controlling crime; to seek just punishment for those guilty of
unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

United States Supreme Court Cases and Opinions

The Supreme Court consists of the Chief Justice of the United States and such number of
Associate Justices as may be fixed by Congress. The number of Associate Justices is currently
fixed at eight (28 U. S. C. 1). Power to nominate the Justices is vested in the President of the
United States, and appointments are made with the advice and consent of the Senate. Article
III, 1, of the Constitution further provides that "[t]he Judges, both of the supreme and inferior
Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for
their Services, a Compensation, which shall not be diminished during their Continuance in
Office."