View source for Case law

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'''Case law''' in a [[Law|legal system]] are those [[law]]s based on previous [[Judgment (law)|judicial decisions]]. This is opposed to decisions based on existing [[law|statutes]] or [[wikt:regulation|regulation]]s.<ref>{{cite web |url=http://www.nolo.com/dictionary/case-law-term.html |title=Case Law |publisher=NOLO |access-date=27 October 2015}}</ref> In countries using [[common law]], it is generally [[Legal code|uncodified]] meaning there are no collections of legal rules, and laws to rely on.<ref>{{cite web |url=https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html |title=The Common Law and Civil Law Traditions |publisher=University of California at Berkeley |access-date=27 October 2015 |archive-date=22 April 2016 |archive-url=https://web.archive.org/web/20160422031516/https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html |url-status=dead }}</ref> Instead they rely on [[legal precedent]]. Precedents are previous [[legal case]]s that are used as [[example]]s for deciding the present case. They are also binding on lower courts where the facts and issues are similar.<ref>{{cite web |url=http://legal-dictionary.thefreedictionary.com/Case+Law |title=Case law |publisher=The Free Dictionary/Farlex |access-date=27 October 2015}}</ref> In [[countries]] that use [[civil law]], their laws are codified, and there is much less [[wikt:reliance|reliance]] on case law.

== Common law ==
Judges make judicial decisions based on precedent, and their own [[wikt:understanding|understanding]] when there are few or no precedents.<ref name=UMFKCSL>{{cite web |url=https://www.law.umaryland.edu/marshall/researchguides/TMLLguide/1sec4.html |title=Relationship Between Statutory Law and Case Law |publisher=University of Maryland Francis King Carey School of Law |access-date=27 October 2015 |archive-date=5 September 2015 |archive-url=https://web.archive.org/web/20150905140701/http://www.law.umaryland.edu/marshall/researchguides/TMLLguide/1sec4.html |url-status=dead }}</ref> This is "judge-made law" as compared to statuary law, which is made by [[legislature]]s, and [[government]]s.<ref name=UMFKCSL/> In the [[United States]] the courts can rule statutes, and regulations un[[constitutional]] if they go beyond the [[wikt:authority|authority]] given by the [[constitution]].<ref name=UMFKCSL/> In the [[United Kingdom]] judge-made law, or common law cannot rule against statutes made by an act of [[Parliament of the United Kingdom|Parliament]].<ref name=UKLO>{{cite web |url=http://www.leeds.ac.uk/law/hamlyn/sls.htm |title=3 THE SOURCES OF THE LEGAL SYSTEMS |publisher=UK Law Online |access-date=27 October 2015 |archive-date=22 November 2015 |archive-url=https://web.archive.org/web/20151122113002/http://www.leeds.ac.uk/law/hamlyn/sls.htm |url-status=dead }}</ref> The judiciary, and legislative branches are not coequal. Judges, however, have traditionally used one of three ways of [[wikt:interpretation|interpreting]] statutes: 
* They may be interpreted [[wikt:literal|literal]]ly or simply as the law was written.<ref name=UKLO/>
* They may use the "golden rule" meaning that if the law is difficult to interpret the judiciary may use a less obvious meaning.<ref name=UKLO/>
* They may apply the "mischief rule". If the act lends itself to more than one [[judicial interpretation|interpretation]], choose the interpretation that best deals with the problem.<ref name=UKLO/>

== Civil law ==
Judges make decisions by decisions based on the appropriate laws. They then [[wikt:investigate|investigate]] to learn all the facts. Finally they make a decision.<ref name=UMFKCSL/> Under civil law, judiciary decisions are not a critical part of forming civil laws.<ref name=UMFKCSL/> Under [[Netherlands|Dutch]] civil law for example, there are so many civil laws that it becomes difficult for [[lawyer]]s and [[judge]]s to know if they have found all the laws that apply to a case.<ref name=DCL>{{cite web |url=http://www.dutchcivillaw.com/content/legalsystem011.htm |title=Legal System of Civil Law in the Netherlands |publisher=dutchcivillaw.com |access-date=27 October 2015}}</ref> Even with all the laws, not every situation is covered. The civil court will research everything it can on the subject, then make a decision.<ref name=DCL/> For this reason those who start a legal case never know for certain what the decision will be.<ref name=DCL/>

== References ==
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== Other websites ==
* [http://memory.loc.gov/ammem/awhhtml/awlaw3/common_law.html Case law (or Common law)], [[Library of Congress]]
* [https://www.lawsociety.org.nz/law-library/library-databases/case-law-in-the-united-kingdom Case Law in the United Kingdom] {{Webarchive|url=https://web.archive.org/web/20160128172646/http://www.lawsociety.org.nz/law-library/library-databases/case-law-in-the-united-kingdom |date=2016-01-28 }}
[[Category:Legal terms]]
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