An Introduction to Case Law

United States laws are formed in a myriad of ways, and one of those ways is by federal, state and local legislatures who work year-round to pass bills and that become statutes and regulations. And finally, the Supreme and appellate courts also have the power to conduct judicial review and to determine the legality or constitutionalism of any existing law.

Case law refers to any law that is made by a high state or federal court. For example, when the Supreme Court makes a decision about the guilt or liability of an individual, that decision can have a substantial impact on current laws, and can even reverse them. For example, in 2005 the Supreme Court found that it was unconstitutional to hand down capital punishment for crimes committed by a juvenile offender. That is now a federal case law.

The power of the judicial branch of government to make, review and revise laws comes from the 1803 Supreme Court case of Marbury v. Madison. Since then, the high courts in the United States have had the authority to examine certain laws and to rule on their adherence to the constitution.

Case law is given even more weight by setting precedent for future cases. Prosecutors and defense attorneys alike use cases ruled by other judges in their arguments during criminal court proceedings. Since the law itself requires a certain amount of interpretation by a judge, they often rely on precedents for cases in order to make their own decisions.

Case law can also help the law to grow as time progresses. Even if a precedent has been set, a judge can rule against the precedent if he or she feels that time has changed matters. In this way, judges on both the state and local levels can help the law to evolve over time by seriously considering the relativism of a case.

Further, case law allows the U.S. courts to challenge laws set forth by individuals many years before through an examination of jurisprudence. Jurisprudence refers to the theory of law, and the ability of specific laws to carry out the purpose of U.S. courts. If a law is found to be a hindrance to progress or to the safety of U.S. citizens, it can be challenged and even eliminated through case law.

Because case law can be used effectively in a defense, it is important for a defendant to have an attorney who is well-versed in case law and who can use that knowledge to help win the case. It is not uncommon for an entire legal team in a law firm to dedicate their entire careers to discovering, examining and applying case law to current and future cases of their own.