If you’re a business professional, chances are, you’ve heard of the term “case law” before, but you might not fully understand what it means. Understanding case law is important for business professionals who need to know the limits of the law when making decisions. As case law can be a complex concept to understand, this article aims to give business professionals the basic understanding of case law and its applications.
What Is Case Law?
Case law is the legal principle that is created by court decisions. Although the United States is governed by a Constitution, laws, and statutes, these are not enough to provide guidance to litigants and the courts. That is why case law exists. Case law provides clarification on how laws apply in different situations, as it views laws in terms of the particular facts and circumstances of the case.
Case law also serves as guidance for future decisions and provides consistency in the way that laws are applied. Judges consider past decisions in their current rulings and will apply the same reasoning to a case with similar facts.
In effect, it creates a body of law that is specific to certain case or cases and lays the ground work for future decisions.
How Is Case Law Used?
Case law is relevant to the judicial system because it allows judges to consider the range of decisions from all courts when exercising their judicial power. Without case law, courts would have to go through all laws directly as a means to render an indefinite decision, and there would be no consistency or predictability
In the business world, case law is often used when there is no clear law providing guidance. Case law can be used as precedent when a situation presents itself and a business needs to make a decision. This can be especially helpful when faced with the prospect of a costly lawsuit, as businesses will often look to case law as support in defending their stance. Case law can also be used when deciding interests, rights and remedies in contractual disputes.
Case law is an essential part of the legal and business world, and understanding how it works is key to making sound legal and business decisions.