Author: How case law can be used in US when every state has a different law?
Recently I read about common law and how it works. Two questions came into my mind:
1- How case law can be used in US when every state has a different law? I mean some states have their own rules, then how can a case law of a different state be used in the other one?
2- After the passing of new laws, how the new cases can be judged? based on previous case laws, or the newly passed law?
Answers and Views:
Answer by dave
Case law is primarily used when the existing written laws are not clear or unambigous.
1) Case law applies where situations are similar. Similar situations can occur in two different common law territories – and the judgement passed in one can be used to influence the judgement passed in the other.
In fact, case law can be applied between different common law countries. It is not unusual for UK case law to be used in the US or Australia – and vice versa. Even though all of those countries have different laws, the case law is used to find a path where the law is unclear. In that circumstance, the laws and judicial decisions for a similar situation in a different country are considered valid.
If a new law is passed, then it would over-ride previous case law.
Answer by telefantastical
1- How case law can be used in US when every state has a different law? I mean some states have their own rules, then how can a case law of a different state be used in the other one?
Case law is only binding if it comes from the jurisdiction where the court it. I.E. If its in an Arkansas court only Arkansas case law is binding. All other case law would merely be advisory.
2- After the passing of new laws, how the new cases can be judged? based on previous case laws, or the newly passed law?
Depends on what type of law. Case law is generally about how a law is applied, not what the law is. If there is a new law, the new parts of the law will be what is considered a case of first impression. They will use previous law to help interpret the new law and use other states with similar laws as advisory opinion.
Answer by Bruce
Courts do not create laws. Laws are created by legislature. Courts only interpret the law. If an interpretation becomes case law, It is only binding in the jurisdiction it was decided in.
If a state court interprets a state law, it only applies to that state. If the US Supreme Court interprets a federal law or the US Constitution, it applies to all states because the Supreme Court has federal jurisdiction.
Keep in mind the US Supreme Court will not hear a case involving state law, it only hears violations of federal law. That is why it is binding in all states.
Answer by Dana B
Case law regarding state law isn’t used in other states. Each state has its own court system with its own developed body of case law which interprets and applies the law of that state. Other states may reference state court decisions from other states as illustration of how other states have dealt with similar legal issues, but case law from one state is not binding precedent in any other state.
As for the federal system, there is a single federal court system which primarily deals with applying and interpreting federal law, although federal courts can apply state law in certain circumstances. These federal courts are divided into ten circuits. Generally, decisions of the Court of Appeals for each circuit is binding precedent only in that circuit, which is why if two circuits have reached opposing answers on the same legal question, the Supreme Court will generally accept jurisdiction of a case on that issue to resolve the conflict.
After the passing of a new statute, cases interpreting that statute will be based on a combination of evidence from the legislative record about what the legislature’s intent in passing the statute was, general common-law principles and principles of statutory interpretation, and perhaps by reference to prior case law that interpreted similar statutes.
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