Case Law

In the United States there are a number of ways that a law can be made. The United States and individual state constitutions, and their amendments, define the laws most fundamental to our society.

Federal, state, and local legislatures pass bills that become legal statutes and regulations. Higher judicial courts, such as the US Supreme Court and state appellate courts, also have the authority to make laws and have the power of judicial review.

What is Case Law?

Case law is the body of laws that is produced as a result of decisions made by higher state and federal courts. All lower courts are bound by case law once these decisions have been made in the higher echelons of the judicial system.

Case law embodies a myriad of laws that are applicable in both civil and criminal court cases. The most notable and significant advancements in case law have come from landmark decisions made by the United States Supreme Court.

Some of the most important civil rights guarantees have case law origins. For example, the 1954 Brown v. Board of Education Supreme Court ruling declared the existing “separate but equal” case law to be unconstitutional.

Case Law & Criminal Defense

In addition to establishing and protecting civil liberties, there is also a wealth of case law dedicated to the rights of defendants in criminal proceedings.

Because case law is so vast, an attorney or legal team will often search for case law applicable to your case while developing the strongest defense case possible. All courts must uphold case law and therefore any legal precedent set forth in case law will prove valid in subsequent cases.

Knowledge and use of case law arguments can determine a defendant’s success in a criminal case. If you would like to learn more about case law, please contact us to speak with a qualified and experienced attorney in your area who can evaluate your case to determine how to best protect and maximize your legal interests.