Do you understand the difference between “case law” and “statutory law”? Have you ever wondered what the term “common law” meant? If you struggle with these legal terms, this article will help.

Judge-made law. Statutes come from the legislative branch of the government, while case law is the product of the judicial branch. Black’s Law Dictionary defines “case law” as “the aggregate of reported cases as forming a body of jurisprudence, where the law of a particular subject . . . is formed by the adjudged cases . . ..” The definition of “common law” in Black’s states, in part: “the body of those principles . . . which derive their authority solely from usages and customs . . . or from judgments and decrees of the courts recognizing, affirming and enforcing such usages and customs . . ..” The labels of common law and case law essentially are interchangeable.


Legal precedent/ stare decisis. These concepts play an important role in the development of case law. Borrowing again from Black’s, legal precedent is a prior decision of a court that furnishes authority for a similar, future case involving a similar question of law. Courts decide cases largely on the basis of principles established in prior cases, which are close in facts or legal principles to the case at hand. A court’s decision on a new matter will create a rule of law for a particular type of case that will be referred to in the future when a similar case is decided.

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These concepts play an important role in the development of case law. Borrowing again from Black’s, legal precedent is a prior decision of a court that furnishes authority for a similar, future case involving a similar question of law. ... This is why providing “court commentary" on my blog is so important.

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