As many laypeople know, the U.S. legal system is heavily based on the system handed down to us by the United Kingdom. What most people don’t know about, however, are the finer details of how this system operates. Here’s a brief lesson on the basic differences between codified law and case law, including a quick discussion of some recent Supreme Court decisions to give you a clearer sense of how our common law system functions.
Case law refers to rulings made by judges in actual legal proceedings. In our system, whenever a judge issues a ruling, this essentially becomes a part of our interpretation of how a certain law operates in the real world. This doesn’t necessarily mean that judges “create” law per se, as that’s not supposed to be their role; instead, judges create interpretations, and these interpretations provide authoritative guidance on how the law will actually work. In a sense, judges create the boundaries, or contours, of laws then they interpret real world situations.
Codified law, on the other hand, refers to the body of legislative acts and judicial opinions in a given area. A legal code, therefore, represents all the material in a specific area of law which has been created thus far. A good example would be the Uniform Commercial Code. The UCC contains rules for various types of commercial contracts, and these rules were derived from previous cases and legislative acts. States which adopt the UCC utilize it as an authoritative source, but new court rulings (new “case law”) will also provide additional guidance. In a way, codified law and case law build on each other to give a full picture of our legal system.
One recent case of note is Dobbs v. Jackson Women’s Health Organization, which was decided on June 24, 2022 (6-3 opinion). This opinion overturned Roe v. Wade by holding that the legality of abortion is a matter to be decided at the state level, and that statewide bans on access to abortion are not precluded by the U.S. Constitution. Clearly, we can see how this piece of case law will impact codified law: states will have to incorporate the ruling of Dobbs into their own codes, and then subsequent state level court rulings will inform those codes. Codified law and case law work together, in tandem.
Another notable recent case is New York State Rifle and Pistol Association v. Bruen, which was decided on June 23, 2022. In this case, the Supreme Court ruled (in a 6-3 opinion) that the “proper-cause” requirement in New York was in conflict with the Fourteenth Amendment because it effectively prevented citizens from exercising their Second Amendment rights for self-defense purposes. Now, New York will have to revise its law accordingly. The case law of the Supreme Court shapes the codified law of New York in this way.
Legislatures pass laws, and then courts issue opinions on how those laws operate in reality. Together, both of these things are then combined in codified law, which represents the full body of law on a given area. A good lawyer will be able to predict how a given area will develop based on readings of case law and codified law. But making predictions of this sort is far from easy and is not a perfect science, which is why finding a good lawyer can be difficult.
Here at Z Family Law, we stay up to date on the latest legislation and the most recent rulings to ensure that our clients have the highest quality representation around. If you need a knowledgeable, compassionate attorney for your family law matter, contact Z Family Law at (301) 388-5528.