- Courts have to figure out how to apply other laws when given the specific facts of your case.
- To make sure that similar cases are treated equally, Appellate Courts publishes their interpretation of those laws.
- Lower courts are then required to follow the same interpretation.
- This type of law is called case law.
A Note on Common Law
- Most case law is interpreting other law, like statutes or constitutions.
- Common law is original law first created hundreds of years ago by Courts.
- Courts have been refining that law ever since.
- Sometimes the legislature ends the common law by creating statutes to take its place.
Next Steps
Next Step | Organization
Go to | Case Law Overview