What Is Case Law?
The United States operates on a common law system, which means that the law is not just what is written in the statute books (statutory law), but also how judges interpret and apply those statutes in actual trials. When a lower court makes a ruling, the losing party can appeal. When an appellate court or the Florida Supreme Court issues a written opinion deciding that appeal, that decision becomes case law (or legal precedent).
The Power of Precedent (Stare Decisis)
Case law is powerful because of the legal doctrine of stare decisis, meaning "to stand by things decided." Under this doctrine, lower courts are legally bound to follow the rulings of the higher appellate courts in their jurisdiction.
For example, the Florida Legislature wrote the statute regarding the homestead creditor exemption. However, the statute does not explicitly define whether a homeowner can claim homestead protection if they are forced to move into a nursing home. It was the Florida appellate courts—through case law—that established the precedent that an involuntary move for medical reasons does not constitute abandonment of homestead. Now, all trial judges in Florida must follow that case law rule.
Case Law in Real Estate Disputes
Real estate litigation relies heavily on case law because property disputes are highly fact-specific. When attorneys argue a breach of contract, an easement dispute, or a quiet title action, they do not just cite the Florida Statutes. They search legal databases to find past cases with similar facts where an appellate court ruled in their favor, and they present those cases to the judge to prove that the law requires a specific outcome.
Related Terms
- Contract — Often interpreted by courts, creating case law regarding specific contract clauses
- Quiet Title Action — A lawsuit highly dependent on established case law precedents
- Abandonment of Homestead — A legal concept heavily defined by appellate court decisions
Barnes Walker Appellate Practice
Barnes Walker's litigation attorneys thoroughly research Florida real estate case law to build winning trial strategies, and our appellate practice group argues cases before the District Courts of Appeal to shape new legal precedents. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC