Also known as: case law · case-law · precedent · judge-made law
Written by attorneys · grounded in primary & secondary sources — see below
A body of law consisting of the reported judicial decisions that constitute the common law within a jurisdiction.
Corinne Cho's will left her farm to her nephew but added that if he predeceased her the property would pass to Cedar Creek Farms. After the nephew died before the testator, the probate court consulted reported decisions interpreting alternative devises under the Uniform Probate Code. The court held that the residuary clause did not qualify as an alternative devise because the will lacked the required specific language.
Charlotte Chung sued Cypress Technologies in a contract dispute. The assigned judge owned shares in a similar pending case against the same defendant. Counsel moved to vacate the judgment, citing decisions that require recusal when a judge holds a direct economic interest in the outcome. The appellate court vacated the ruling and remanded for proceedings before a different judge.
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Claire Campbell, a city council member, sued Central Dynamics for statements in a company newsletter. The trial court applied precedents requiring proof of actual malice for public-official plaintiffs. Summary judgment was granted because Campbell could not show the defendant acted with knowledge of falsity or reckless disregard.
Carlos Castillo, a beneficiary living out of state, received only publication notice of a trust accounting. He challenged the settlement, relying on decisions that require notice reasonably calculated to reach known parties. The court set aside the order and directed personal service on all identifiable beneficiaries.
Cecilia Cabrera lived with her grandson in a single-family zone. The city cited her under an ordinance limiting occupancy to nuclear families. She defended by citing decisions protecting extended-family living arrangements under substantive due process. The court struck down the ordinance as applied to her household.
Camila Cervantes and her spouse sought state benefits after marrying in another jurisdiction. State officials denied the application under a statute limiting marriage to opposite-sex couples. The couple prevailed by relying on decisions recognizing a fundamental right to marry. The court ordered the state to extend full recognition and benefits.
Caselaw consists of rules and principles announced in judicial opinions that interpret statutes, constitutions, and prior decisions. Statutory law originates in legislative enactments. Reported decisions therefore supply the authoritative gloss that governs future disputes within the jurisdiction.
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A lawyer begins with the controlling statute or constitutional provision and then searches for reported decisions that have construed similar language or facts. The resulting opinions supply the binding or persuasive rules that resolve the client's issue.
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Yes. A court may overrule its own prior decision when the earlier holding has become unworkable or conflicts with intervening authority. The new opinion then becomes the operative caselaw for that jurisdiction.
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…interpretations of the state statutes, are cited and quoted in Quay 447-520. See Comment, A Survey of the Present Statutory and Case Law on Abortion: The Contradictions and the Problems, 1972 U. Ill. L. F. 177, 179, classifying the abortion statutes and listing 25 States as permitting abortion only if necessary to save or…