We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Case Law?

By Brendan McGuigan
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Case law is the body of available writings explaining the verdicts in a case. It is most often created by judges in their rulings, when they write their decisions and give the reasoning behind them, as well as citing precedents in other cases and statutes that had a bearing on their decision. A single case may generate virtually no written interpretations or opinions, or, as is the case with many that come before the US Supreme Court, it may generate a number of opinions as it works its way through various lower-circuit courts. These collected opinions can be referred to in the future by other judges when they make their rulings on similar cases, allowing the law to remain relatively consistent.

In the United States, state trial courts, such as the California Circuit Court, do not publish opinions, and so do not generally add to the body of case law. Federal trial courts, such as the U.S. District Court, rarely publish opinions. The bulk of published opinions, available both online and in print form, come from both the state and federal higher courts. Official government agencies publish both federal Supreme Court and state higher court decisions, while the opinions of the US Circuit Courts are published by private agencies.

Case law is often referred to as common law in many regions of the world and is also known as judge-made law. This latter term derives from the fact that, while legislation is technically passed in most countries by a separate legislative branch, courts are often able to exercise a moderate amount of quasi-legislative power through the use of precedent. Case law is viewed by most people as a crucial part of a functioning judiciary, as it allows for courts to transform decisions that may have taken a great deal of time and energy to arrive at into a sort of de facto law, making future cases much easier to decide.

In some cases, a judge may intentionally go against established case law in an effort to begin the process of re-examining a precedent and perhaps ultimately changing it. This often happens with precedents that a judge may consider outdated or irrelevant in the contemporary climate. By issuing a decision that the judge knows will be appealed, he or she pushes the case into higher courts where the old established practices may be overturned in favor of a new outlook.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

By Emilski — On Aug 26, 2012

@matthewc23 - Good question. Opinions are the published decisions of the courts. Like the article says, most lower courts don't publish opinions, but most higher ones do. Basically, the opinion will be written for the majority, dissent, and any concurring opinions. In the US Supreme Court, one judge will be selected to write for the majority and dissent. Concurring opinions are written by anyone who agrees with one of the sides, but for different reasons.

To be honest, unless you are interested in a certain case, reading opinions is going to be pretty boring for most people. If you are interested in law, though, they can be very stimulating. The Supreme Court justices are very intelligent. They didn't get there for nothing, and some of the decisions are very well thought out and convincing. If you're ever would want to read one, they are all posted online.

By matthewc23 — On Aug 26, 2012

@Izzy78 - Very good. I wasn't thinking of case law being used like that, but it makes sense.

I am not much on studying law, but we were talking about common law in my civics class today, so I was curious about it. What exactly does the article mean when it talks about "opinions?" I have also heard this term used a lot on TV when the news is talking about the Supreme Court.

I think it is good that case law is used. I don't think it would be good if every court was giving different types of punishments for the same crimes. It seems like eventually you would end up with lots of criminals moving to places that had more lenient judges.

By Izzy78 — On Aug 25, 2012

@anon67911 - I guess from my understanding of the article that something like a DUI, theft, or other basic crime could fall under the umbrella of case law depending on how you looked at it.

I believe most case law refers to determining whether a criminal act was even committed in the first place. For example, with the Endangered Species Act how do you determine if a species is endangered? Case law has been established by the Supreme Court to help with that.

With other crimes, though, case law could be applied to the sentencing. Using the DUI example, the law might say that your license is suspended 30 to 90 days. Well, which is it? Using case law, a judge will know what other similar cases have gotten and give you a similar punishment.

By kentuckycat — On Aug 24, 2012

@anon11870 - Nearly any ruling by the U.S. Supreme Court could be considered a part of case law. The same could be said for the terminal state courts and even U.S. Circuit courts if the case doesn't move onto the Supreme Court.

The Supreme Court doesn't try every case like the lower courts do. They pick and choose the cases every year that they believe are most important to establishing case law. These usually include cases based on laws that may be outdated, ambiguously worded, or possibly unconstitutional.

Whenever the Supreme Court makes a decision, all other courts and jurisdictions in the U.S. must follow their ruling. At the same time, jurisdictions may use Supreme Court rulings to modify their current statutes, because they are not in compliance with the highest court.

By anon282487 — On Jul 30, 2012

From what I got here, is that case law is the collection of opinions that different judges have used for a similar case and which can be used for reference by other judges?

By anon67911 — On Feb 27, 2010

Wouldn't a DUI be a form of case saw? I can't really see where it fits into any of the amendments. Can anyone help?

By anon64261 — On Feb 06, 2010

In the case of Terry v Ohio, three subjects were frisked for weapons due to suspicious activities. When they were frisked by patting down the outer clothing, the officer felt what he believed to be a weapon in the suspect's jacket, the officer then retrieved the weapon.

The suspect in question appealed his case after being found guilty, which in turn caused this case.

After numerous appeals to go to the supreme court, the supreme court ruled that this type of search was not a violation of the 4th amendment due to the fact that the officer never went into the jacket until he felt the revolver. In other words, the officer did not violate the Fourth Amendment right by an illegal search, and in turn, this became case law.

By anon35199 — On Jul 03, 2009

I need help with Missouri case law for limiting us of private eaaement that is on my deed, The land does not have anyone living on it. It is used for hunting

By anon35192 — On Jul 03, 2009

Does anyone if case law has ever been used in private easement cases?

By anon11870 — On Apr 24, 2008

What is the process by which a law becomes "case law?" does anyone have an example?

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.