Each branch of government produces a different type of law. Case law is the body of law developed from judicial opinions or decisions over time (whereas statutory law comes from legislative bodies and administrative law comes from executive bodies). This guide introduces beginner legal researchers to resources for finding judicial decisions in case law resources. Coverage includes brief explanations of the court systems in the United States; federal and state case law reporters; basic Bluebook citation style for court decisions; digests; and online access to court decisions. Show
Court Systems and DecisionsThe United States has parallel court systems, one at the federal level, and another at the state level. Both systems are divided into trial courts and appellate courts. Generally, trial courts determine the relevant facts of a dispute and apply law to these facts, while appellate courts review trial court decisions to ensure the law was applied correctly. Stare Decisis (Precedent)In Latin, stare decisis means "to stand by things decided." In the U.S. legal system, this Latin phrase represents the "doctrine of precedent, under which a court must follow earlier decisions when the same points arise again in litigation." (Black's Law Dictionary, 11th ed.) Typically, a court will deviate from precedent only if there is a compelling reason. Under "vertical" stare decisis, the decisions of the highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction. For example, the U.S. Supreme Court creates binding precedent that all other federal courts must follow (and that all state courts must follow on questions of constitutional interpretation). Similarly, the highest court in a state creates mandatory precedent for the lower state courts below it. Intermediate appellate courts (such as the federal circuit courts of appeal) create mandatory precedent for the courts below them. A related concept is "horizontal" stare decisis, whereby a court applies its own prior decisions to similar facts before it in the future. Case Law ReportersDecisions are published in serial print publications called “reporters,” and are also published electronically. Reporters are discussed in greater detail in the following sections of this guide: "Federal Court Decisions" and "State Court Decisions." Information about how to cite decisions in a reporter is covered in the section entitled "Citations." Hierarchy and precedent in the federal court system.
What is a previous court decision called?precedent - A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
What type of law is based on previous court decisions?Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic.
What is the name of the court practice in which a previous decision by a court applies as a precedent in similar cases until the decision is overruled?Stare decisis is the common law principle that requires courts to follow precedents set by other courts. Under stare decisis, courts are obliged to follow some precedents, but not others. Because of the many layers of our federal system, it can be difficult to figure out which decisions bind a given court.
What are decisions made by judges called?Judgment: A court decision. Also called a decree or an order. Judgment File: A permanent court record of the court's final disposition of the case.
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