case law: meaning, definition, pronunciation and examples
C2Formal, Technical, Academic, Legal
Quick answer
What does “case law” mean?
The body of law formed by the decisions of judges in court cases, especially appellate courts, rather than laws created by statutes (acts of Parliament/Congress).
Audio
Pronunciation
Definition
Meaning and Definition
The body of law formed by the decisions of judges in court cases, especially appellate courts, rather than laws created by statutes (acts of Parliament/Congress).
1. The recorded legal principles and interpretations derived from the outcomes of previous legal cases, which serve as precedent for future decisions. 2. The process and system of developing law through judicial decisions.
Dialectal Variation
British vs American Usage
Differences
The concept is central to both UK and US legal systems. Terminology is almost identical. In the UK, the highest court is the Supreme Court (since 2009); in the US, it is the Supreme Court. The principle of *stare decisis* (following precedent) underpins case law in both.
Connotations
Neutral and technical in both varieties. It implies authority, binding precedent, and the evolutionary nature of the law.
Frequency
Equally high frequency in legal and academic discourse in both the UK and US.
Grammar
How to Use “case law” in a Sentence
V + case law: establish ~, review ~, follow ~, distinguish ~, overturn ~, be governed by ~Adj + case law: existing ~, applicable ~, settled ~, conflicting ~Vocabulary
Collocations
Examples
Examples of “case law” in a Sentence
verb
British English
- The judgement will case-law the principle into existence. (Rare and non-standard; not recommended.)
- To case-law a statute (rare).
American English
- The court's decision effectively case-lawed a new standard. (Rare and non-standard; not recommended.)
adjective
British English
- The case-law analysis was thorough.
- A case-law precedent (more commonly 'case law' as a noun modifier: 'case law precedent').
American English
- She has deep case-law knowledge.
- The case-law approach differs from statutory interpretation.
Usage
Meaning in Context
Business
The contract's enforceability will depend on the relevant case law regarding force majeure clauses.
Academic
Her thesis traces the development of privacy rights through twentieth-century case law.
Everyday
Very rare in casual conversation. Might appear in news: "The ruling is expected to set important case law for future similar claims."
Technical
Counsel argued that the lower court's decision was inconsistent with binding House of Lords case law on the point.
Vocabulary
Synonyms of “case law”
Strong
Neutral
Weak
Vocabulary
Antonyms of “case law”
Watch out
Common Mistakes When Using “case law”
- Using it as a countable noun (e.g., 'a case law' is incorrect).
- Confusing it with 'case study' (which is an analysis, not binding law).
- Misspelling as 'caselaw' (should be two words, though hyphenation 'case-law' is sometimes seen).
FAQ
Frequently Asked Questions
They are closely related but not identical. 'Common law' refers to the entire legal system originating in England and based on judicial precedent. 'Case law' is the actual body of those precedents—the collected decisions themselves.
Yes, usually by a higher court or the same court in a later decision. Overturning established case law is significant and not done lightly, due to the principle of *stare decisis* (maintaining decided cases).
No, it is central to 'common law' systems (e.g., UK, US, Canada, Australia). In 'civil law' systems (e.g., France, Germany), statutes and codes are the primary source of law, though judicial decisions still have persuasive authority.
Binding precedent (case law) must be followed by lower courts in the same jurisdiction. Persuasive precedent comes from other jurisdictions or courts of equal level and may be considered influential but is not mandatory to follow.
The body of law formed by the decisions of judges in court cases, especially appellate courts, rather than laws created by statutes (acts of Parliament/Congress).
Case law is usually formal, technical, academic, legal in register.
Case law: in British English it is pronounced /ˈkeɪs lɔː/, and in American English it is pronounced /ˈkeɪs lɔː/ (also /ˈkeɪs ˌlɑː/). Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “To be a matter of case law”
- “To set a case law precedent”
Learning
Memory Aids
Mnemonic
Think: CASE = a specific legal dispute. LAW = the rules. CASE LAW = the law that comes *from* specific cases, not from a general written code.
Conceptual Metaphor
LAW IS A LIVING ENTITY (it grows and evolves through cases); PRECEDENT IS A PATH/BLUEPRINT (future cases follow the path laid down).
Practice
Quiz
What is the primary source of case law?