Case Law vs. Original

Attribute	Case Law	Original
Definition	Body of law derived from judicial decisions	First or earliest of its kind
Source	Judicial decisions	Creator or originator
Authority	Binding on lower courts	Not necessarily binding on others
Precedent	Establishes legal precedent	May set a precedent
Interpretation	Interprets existing laws	Original creation or interpretation

Definition

Case law refers to the body of law created by judges through written opinions in court cases. These opinions serve as legal precedents that guide future decisions in similar cases. On the other hand, original law refers to laws that are created through the legislative process, such as statutes and regulations.

Source of Authority

Case law derives its authority from the principle of stare decisis, which means to stand by things decided. This principle requires judges to follow precedents established in previous cases. Original law, on the other hand, derives its authority from the legislative body that enacts it, such as Congress or a state legislature.

Flexibility

Case law is known for its flexibility, as judges have the ability to interpret and apply existing laws to new situations. This allows the legal system to adapt to changing societal norms and circumstances. Original law, on the other hand, is more rigid as it must go through the legislative process to be amended or repealed.

Consistency

One of the advantages of case law is that it promotes consistency in legal decisions. By following precedents, judges ensure that similar cases are decided in a similar manner. Original law, on the other hand, may vary in interpretation and application depending on the jurisdiction and the political climate at the time.

Development

Case law evolves over time as new cases are decided and precedents are established. This allows the legal system to adapt to changing circumstances and societal values. Original law, on the other hand, may take longer to change as it requires the legislative process, which can be slow and cumbersome.

Application

Case law is often applied in common law systems, where judges play a significant role in interpreting and applying the law. This system allows for a more dynamic and responsive legal system. Original law, on the other hand, is more common in civil law systems, where laws are codified and judges have a more limited role in shaping the law.

Precedent

One of the key features of case law is the use of precedent to guide legal decisions. Precedents provide a level of predictability and consistency in the legal system. Original law, on the other hand, may lack the same level of predictability as it is subject to change through the legislative process.

Interpretation

Case law often requires judges to interpret statutes and regulations to apply them to specific cases. This can lead to different interpretations and outcomes in similar cases. Original law, on the other hand, is typically more straightforward as it is written in a clear and specific manner.

Conclusion

In conclusion, case law and original law have distinct attributes that shape the legal systems in which they are applied. While case law offers flexibility and consistency through the use of precedent, original law provides stability and predictability through the legislative process. Both forms of law play important roles in shaping the legal landscape and ensuring justice is served.