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What is case law?
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Apr 28, 2016 · Case law, also known as “common law,” and “case precedent,” provides a common contextual background for certain legal concepts, and how they are applied in certain types of case. How much sway case law holds may vary by jurisdiction , and by the exact circumstances of the current case.
Apr 3, 2024 · Simply put, case law is a law which is established following a decision made by a judge or judges. Case law is developed by interpreting and applying existing laws to a specific situation and clarifying them when necessary.
- The Case of Proclamations, 1610
- Entick V Carrington, 1765
- R V Dudley and Stephens, 1884
- Carlill V Carbolic Smoke Ball Co, 1893
- Donoghue and Stevenson, 1932
- Fagan V Metropolitan Police Commissioner, 1969
- R V R, 1991
- The Belmarsh Case, 2004
Over 400 years ago, the chief justice, Sir Edward Coke, ruled thatKing James I could not prohibit new building in London without the support of parliament. King James believed that he had a divine right to make any laws that he wished. But the court opposed his view, and decided that the monarchy could not wield its power in this arbitrary way. By ...
Author and schoolmaster John Entick was suspected of writing a libellous pamphlet against the government. In response, the secretary of state sent Nathan Carrington, along with a group of other king’s men, to search Entick’s house for evidence. Entick then sued the men for trespass. The court decided thatthe secretary of state did not have the lega...
In this case, the survivors of a shipwreck who killed and ate the youngest and weakest crew member were prosecuted for murder. Their defence was based on “necessity” – that they needed to eat the boy, as they were unlikely to survive and the boy probably would have died anyway. It may have been a “custom of the sea”that cannibalism was allowed unde...
Mrs Carlill sued the manufacturerof the carbolic smoke ball – a device for preventing colds and flu – which had promised a reward of £100 for any one catching flu following the use of its product but then refused to pay out. The court decided that this promise, together with Mrs Carlill’s use of the product as directed, amounted to a legally bindin...
In a case originating in Scotland, Mrs Donoghue was given a bottle of ginger beer which allegedly containedthe decomposed remains of a snail. She claimed to have suffered shock and gastroenteritis as a result. But as she had not bought the drink herself, she had no contract on which to sue. Nevertheless, the court extended the lawof negligence to r...
To be guilty of a criminal offence, there often needs to be unlawful act accompanied by a guilty state of mind, such as a criminal intent. So, having accidentally driven his car onto a policeman’s foot, did Mr Fagan commit an assault when he decided not to remove it? Mr Fagan suggested not because he had no criminal intent at the time the car first...
The law is constantly evolving to meet changing social attitudes. In this case, the House of Lords swept away the common law rule that a man could not be guilty of raping his wife. The previous rule was based on a 1736 pronouncement that: The House of Lords ruled thatfor modern times, marriage is a partnership of equals and any other suggestion was...
The Human Rights Act empowered judges to review acts of parliament, to check if they are compatible with the European Convention on Human Rights. Using this power, the House of Lords ruled thata statute which allowed terrorist suspects to be detained indefinitely without trial breached the suspects’ human rights. The caseshows how modern courts ask...
- Nicholas Clapham
Aug 28, 2024 · What is case law? Where can you find Scottish and English case law? How can you check the status of case law?
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations.
Case law is the law created by the courts. Although most laws are enacted by Parliament in the form of legislation, in a common law system such as ours the courts can also develop the law.
Case law refers to the body of legal decisions made by judges in court cases. These decisions establish precedents that can be used to interpret and apply the law in future cases. Case law plays a crucial role in shaping and evolving the legal system, as it provides guidance and clarity on how laws should be interpreted and enforced.
