This blog post explores the critical role of case law in the legal system and guides you through the essential resources available for legal research. Understand the difference between primary and secondary sources, learn about key online databases, and discover practical tips for effective research.
In the common law system, judicial decisions are not just resolutions to disputes; they are a fundamental source of law. Case law, also known as judicial precedent or judge-made law, is a body of legal principles developed over time through the rulings of courts and tribunals. This system is built on the doctrine of stare decisis, a Latin phrase meaning “to stand by things decided.”. This principle dictates that courts are bound by their previous decisions in similar cases, ensuring consistency and predictability in the application of the law.
Unlike statutory law, which is created by legislative bodies, case law evolves through the detailed facts of resolved legal cases. The reasoning behind a court’s decision, known as the ratio decidendi, becomes a binding precedent that lower courts must follow. Any additional analysis not strictly necessary for the decision, called obiter dicta, can be persuasive but is not technically binding.
Effective legal research begins with distinguishing between different types of sources. Legal resources are generally categorized into two main types: primary and secondary sources.
| Primary Sources | Secondary Sources |
|---|---|
| These are the actual law, including statutes, constitutions, regulations, and of course, case law. | These sources explain and interpret the law, but do not have the force of law themselves. Examples include legal encyclopedias, treatises, law reviews, and legal journals. |
Access to case law is vital for legal professionals, students, and anyone seeking to understand the application of the law. There are numerous resources available, ranging from subscription-based services to free online databases.
Major subscription services offer comprehensive collections of cases, statutes, and secondary sources with advanced search capabilities and citation analysis tools. Some of the most well-known platforms include:
For those without access to paid services, several excellent free resources are available to help with legal research.
Always verify the status of a case. Case citators, such as CaseBase or the one in Westlaw, are essential tools for determining if a case is still “good law” and has not been overturned by a higher court.
Case law forms the backbone of the common law tradition, using judicial precedent to guide future decisions. It complements statutory law and provides clarity on how legal principles are applied in real-world scenarios. A legal expert must be adept at using various resources to find and analyze case law to build a strong legal argument.
A: Statutory law is created by a legislative body, while case law is developed through judicial decisions that interpret and apply existing laws to specific cases. Case law can often provide important context and clarification for the abstract principles found in statutes.
A: A legal expert is a professional with extensive knowledge in a specific area of law. They use case law to find relevant precedents, build arguments, and advise clients on the likely outcome of a legal matter based on past judicial decisions.
A: While many legal opinions are available for free through projects like the Caselaw Access Project and Legal Information Institute, comprehensive and up-to-the-minute access to all jurisdictions often requires a subscription to a paid service like Lexis+ or Westlaw. Free resources are excellent starting points but may have limitations in coverage or features.
A: A legal precedent is a past judicial decision that serves as an authority for future cases with similar facts or issues. It is the cornerstone of the common law system and the reason why case law is so crucial for legal research and analysis.
The information provided in this blog post is for general informational purposes only and does not constitute legal advice. While efforts are made to ensure the accuracy of the content, legal principles and resources are subject to change. For specific legal guidance, you should consult with a qualified legal expert. This content has been generated with the assistance of an AI model.
Thank you for reading!
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