Explain case Law (UK)?

Hi Kevinbr ~

Whether in the UK, Australia or the US, case law is basically the same
thing - it is legal precedent that is created by judges, rather than
legislatures. In case law, judges can either interpret statutory law
or apply previous case law to set precedents.

Perhaps one of the more well-known interpretations of 'case' law is
Miranda v. Arizona. 384 US 436 (1966) - which gave us the so-called
"Miranda Warning":

     "You have the right to remain silent. Anything you say can
      and will be used against you in a court of law. You have 
      the right to be speak to an attorney, and to have an 
      attorney present during any questioning. If you cannot 
      afford a lawyer, one will be provided for you at 
      government expense."

And Miranda is now 'case law' by which other cases are sometimes
overturned because warnings weren't given according to "Miranda".

===============
Definitions
===============


A good definition of "case law" from Georgetown University can be
found here:
   - http://www.ll.georgetown.edu/tutorials/cases/one/2_overview.html

Hyperdictionary Definition:
   - http://www.hyperdictionary.com/dictionary/case+law

Word Reference.com:
   - http://www.wordreference.com/english/definition.asp?en=case+law


The decision in Miranda v. Arizona. 384 US 436 (1966) can be found
here:
   - http://www.tourolaw.edu/patch/Miranda/


More information on the wording of the Miranda Warning can be found on
US Constitution Online here:
   - http://www.usconstitution.net/miranda.html


Google Search Terms
===================

  * definition: case law
  * Miranda v. Arizona
  * Miranda warning


Thanks for asking this interesting question!

Warm regards,

Serenata

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Request for Answer Clarification by kevinbr-ga on 25 Oct 2003 05:15 PDT

Dear  serenata-ga

Thanks for the information but I could do with a little more detail
and some examples of cases from the UK as the essay I am writing is
based on UK case Law.

Regards

Kevin

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Clarification of Answer by serenata-ga on 25 Oct 2003 06:18 PDT

Hi Kevinbr ~

Thank you for your Request for Clarification. 

As I understood your question you required a definition of case law,
which is universal, and explained in my answer.

I included the Miranda case, as that is internatioinally known as
definitive of the right against self-incrimination. The information
was superfluous, as it wasn't really within the scope of your
question.

I have found some sources of UK case law for you from which you can
choose suitable cases for your needs:

  * Wrigley Claydon Solicitors
    - http://www.swarb.co.uk/

  * British and Irish Legal Information Institute (BAILII)
    - http://www.bailii.org/

  * Daily Law Notes (significant and precedent-setting case review)
    - http://www.lawreports.co.uk/indexdln.htm

  * Justis JustCite (has a free trial)
    - http://www.justis.com/navigate/main.html

  * Sharing Pensions [divorce law precedent (case)]
    - http://sharingpensions.co.uk/caselaw6.htm

  * LLR (UK Case law)
    - http://www.ntu.ac.uk/llr/ukcaselaw.htm

  * First Law (free 3-week trial)
    - http://www.firstlaw.ie/Casetrack.html


As stated, those should help you find what you require in UK case law.

Much success with your essay,

Serenata