Thursday, May 13, 2010

What is the federal case law?

The USA has a Federal Case Law --what would it be?What is the federal case law?
Case law is where a decision was made by a court/judge in the past and is then used to determine similar cases in the future. e.g. A taxi driver overchaged a customer on purpose. The customer, knowing that this was too much, paid it because he felt sorry for the driver. A judge decided that this was theft (not fraud, because the customer was not deceived). Any similar cases that came up after that were subsequently found guilty of theft.





There are lots of case law relating to different offences.


Hope this makes sense.What is the federal case law?
Case law is the law as interpreted by judges and stated in their appeals decsions.





Federal case law is the law applied by federal courts - district courts, courts of appeals and the US Supreme Court - in instances where the state law does not apply.





Deciding when the federal courts will apply state or fed law is one of the thorny issues hashed out in a decision.





District Court decisions can be found in the ';Federal Supplent'; reporter (';F. Supp.';); Circuit Court of Appeals cases are in the Federal Reporter (';F.3d'; - Federal Reporter, thrid series); Supreme Court cases are found in the US Supreme Court Reporter (';US';).

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