What is case law and why it matters
If you support women who are involved in family court, you may hear people talk about case law, precedents, and previous court decisions. These legal terms can sound intimidating.
That’s why Luke’s Place created this short video: What Is Case Law and Why it Matters.
When a judge decides a matter, whether that’s at a motion or at trial, they will write out their reasons explaining how they reached their decision. Those written reasons can be published and then become precedents that future judges can, or must, refer to. That body of published decisions is what we refer to as case law.
Understanding case law can help you better understand:
- How the family courts are applying our legislation (such as the Family Law Act, Children’s Law Reform Act, Divorce Act);
- How judges have responded to similar situations in the past; and
- The types of evidence the family courts want to see.
While you certainly don’t need to become a legal expert, having a basic understanding of case law can expand your knowledge and understanding of family law.