CIPP/US Study Guide
Chapter 2: U.S. Legal Framework

Case Law, Common Law, and Stare Decisis

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Case law is judges' final decisions; courts follow precedent under stare decisis. Common law is principles built over time in judicial decisions, contrasting with statute - and it long protected doctor-patient and attorney-client confidentiality.

Case law refers to the final decisions made by judges. When similar issues arise later, judges treat past decisions as precedents and decide consistently. Following precedent is stare decisis ("to let the decision stand"). Precedents can change over time to reflect technological and societal shifts.

Common law refers to legal principles developed over time in judicial decisions, often drawing on social customs, and contrasts with law created by statute. For privacy, common law long upheld doctor-patient and attorney-client confidentiality even without statutes.

Key terms - quick answers

What is “Case law”?
The final decisions made by judges in court cases, used as precedent for future similar issues.
What is “Stare decisis”?
Latin for 'to let the decision stand' - the practice of following precedent in deciding new cases.
What is “Common law”?
Legal principles developed over time in judicial decisions, often from social customs, contrasting with statutory law.

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