Case Law

What is Case Law? Case Law is derived from England thus it is sometimes referred to as English Law. The English Law originates from the Saxons invasions in the 1600s. During which the Saxons used their own law system, a system that is based on previous trialed cases. Roman Law had very little retention in England because the Saxons was overwhelming in their rule.

Since the English ‘founded’, to say loosely, so many countries, case law is still in used today, particularly North America. This system uses jurisprudence as the basis to prove a case. Jurisprudence is a reference to a previous case that was trialed and judged. In the most elementary use, a lawyer will most likely refer to a previous case, judged outcome, and state that “it is just like this case”. Not all cases have jurisprudence. Hence a new case ‘type’ that has been trialed, and judged will most likely be selected by a lawyer as jurisprudence in the future.


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