Case Law Terms, Essay Example

Precedent

When a law is written, it is virtually impossible to predict every situation and variable to which it may be applied.  Most laws are written to articulate certain standards of behavior that might need to be interpreted within the context of given cases.  One standard for interpreting a law’s intent is precedent.  A precedent is a ruling made in a previous case that is similar in nature to a case being considered that justifies its outcome.  Typically, rulings made by higher courts are considered mandatory precedent to lower courts within a common system.

Stare Decisis

Short for “stare decisis et quieta non movere” stare decisis literally means “to stand by that which has already been decided.”  In essence this principle insists that any new case with a precedent be decided in the same manner as the precedent even though the current adjudicator might favor a different result.  Stare decisis exists to provide stability within the legal system.  There are however exceptions to this rule.  The general principle of stare decisis does not prohibit reexamination of an issue in light of new legislation, changes in societal values, or en banc decisions.  A good example of a precedent being overturned due to changing societal values was Brown v. Board of Education decision in 1954 that overturned the Plessy v. Ferguson decision of 1896 that allowed separate-but-equal school segregation.

Statutory Law

Statutory laws are created by Congress, State legislators, and municipal authorities (e.g. city ordinances).  Statutory laws are always inferior to constitutional laws, and are frequently tested against them.  Statutory laws differ from common laws which are based on precedent.  These laws typically articulate specific consequences or levels of consequence for violation.  Some of these laws are temporal and have set dates for expiration.  A State might for example impose a temporary sales tax to cover a short-term budget deficit.