35. case law

Case Law refers to the collection of past judicial decisions that courts rely on as legal precedents when ruling on current cases. It is a fundamental part of common law systems, where courts interpret and apply laws based on previous rulings rather than just statutory laws enacted by legislatures.

Key Features of Case Law:

1. Precedent (Stare Decisis) – Courts follow prior decisions to ensure consistency in the legal system.

2. Binding vs. Persuasive Authority – Some rulings must be followed (binding), while others may influence but are not mandatory (persuasive).

3. Judicial Interpretation – Judges interpret laws and set legal standards through rulings.

4. Evolves Over Time – Case law adapts to societal changes and new legal challenges.

5. Application in Courts – Used by lawyers and judges to argue and decide cases.

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reference

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1. Library of Congress – Legal Research: A Guide to Case Law

• URL: https://guides.loc.gov/case-law

• Explanation: This comprehensive guide from the Library of Congress provides resources for locating and identifying judicial decisions from U.S. courts. It covers primary and secondary sources of case law, offering a foundational understanding for legal researchers.

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2. Georgetown Law Library – Case Law Research Guide

• URL: https://guides.ll.georgetown.edu/cases

• Explanation: Georgetown Law Library's guide details how to read a case citation and outlines both print and online sources for finding cases. It also covers the use of digests, headnotes, and key numbers to efficiently locate case law.

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3. University of Pennsylvania Law Library – Legal Research Fundamentals: Case Law

• URL: https://law.upenn.libguides.com/researchfundamentals/caselaw

• Explanation: This guide from the University of Pennsylvania outlines various methods to locate case law, helping researchers determine the most suitable approaches for their specific legal issues.

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4. Loyola University Chicago Law Library – Basic Legal Research Guide: Case Law

• URL: https://lawlibguides.luc.edu/firstyearlegalresearch/caselaw

• Explanation: This guide tracks the Basic Legal Research Course at Loyola University Chicago's School of Law, providing foundational resources and strategies for researching case law effectively.

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5. George Washington University Law Library – Case Law Research

• URL: https://law.gwu.libguides.com/caselaw

• Explanation: The George Washington University Law Library offers insights into researching case law, including instructions on conducting case law research in print and understanding case citations.

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