Case Law

Case law is part of common law and consists of judgments made by higher courts. The judgments, which are called precedents, are considered binding for other courts in the same jurisdiction and ensure that courts follow the same processes in similar cases. Under common law, as precedents are affirmed and enforced by other courts, the decisions expand and become what is known as "common law." Common laws differ from laws created by legislative bodies such as the state and federal legislatures.

If a judge rules against established case law and different courts have conflicting rulings, eventually the Supreme Court may agree to take the case and review it, and eventually overturn the lower court's ruling. This generally occurs if a judge decides a ruling is "outdated" or society's views have changed on a given issue.