Case Law: A Dynamic Ruling Body

A case law is a part of common law which consists of judgement given by appellate courts in interpreting the provisions of constitution and statutes

. It is also considered as a constantly and dynamic developing body of law. Moreover it is the set of existing ruling which make innovative interpretations of law. These interpretations are different from statutory law which are the codes and statutes enacted by legislative bodies. In the country of USA, case law is exclusively termed for decisions from bodies discharging judicial functions, such as courts of first instance and appellate courts. From the middle of the 19nth century the courts have been concerned with the question as whether or not a contract service exists. This query led to the evolution of case law on the subject. Case law also known as common law has been constructed by judges through decisions of court and tribunals.

Approximately one third of the worlds population system mixed with civil law or in common law jurisdiction. Furthermore case law is a legal system which gives great precedential weight to common law. If in case if parties do not agree on what the law is the case law court concerns the past precedential decisions of relevant courts. Case law came into existence and was originated in middle ages, particularly in England. In addition case law plays different role in common law, civil law and mixed systems and therefore this creates differences in the way the courts render decisions. The case law explains the common law in brief and summarised form whereas the civil law is short and only refer to statutes. The law professors in common law play a smaller role as compared to civil law traditions in developing case law.

Case law is additionally known as regulatory law which require agencies based on codes and statutes based on legislative bodies. Furthermore the case law constitutes the principles embodied and enunciated in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.

In case law, the rulings in hearings and trials which are not appealed and are also not reported and not in case law and therefore it is not interpretations and not even precedents. This case law requires a lot f effort and knowledge to learn. Numerous students of law principally study case law to understand the application of law to facts and learn the courts subsequent interpretations of statutes. In case law, each case contains a portion where the facts of controversy are set forth as well as it also inherit holding and dicta. In addition a case law can also consist of dissenting and concurring opinions of other judges. Moreover the case law in European countries is considered as any set of rules on law which is guided by previous rulings.

by: Steve Mich

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