What is a case law? Interesting things about the case law in Vietnam and over the world

I. WHAT IS A CASE LAW?

According to Black's Law Dictionary: Case law is defined as: “A professional name for the aggregate of reported cases as forming a body of jurisprudence; or for the law of a particular subject as evidenced or formed by the adjudged cases.”

According to the Encyclopedia of Vietnam, "Case law" is understood as "a decision or judgment of a higher court that is binding on a lower court; a court must also respect its own decision made earlier."

According to the Law Dictionary, 4th edition, published in the United Kingdom, "case law” is defined as "a judgment rendered or an interpretation and application of the law that is considered as a basis upon which subsequent judges may apply in similar cases." 

In the English-Vietnamese Law Dictionary, the term "precedent" is understood as follows: "The ruling of a court, typically recorded in a law report, and used as an authority to make similar decisions in subsequent cases."

In the UK, Case law is defined as "a judgment or decision cited to support a decision in a subsequent similar case." 

In the US, case law is defined as "a judgment, or judicial decision in which a rule is established as a point of reference for deciding similar cases with similar circumstances or legal issues."

For countries within the civil law system, despite some differing opinions, they generally agree on the following:

"(1) Case law are decisions (issued by a court) vested with authority because they are decided and resolved by Judges, and they hold a position in the practical awareness of the law.

(2) Case laws are not legal norms, but they clarify legal questions. Case law serves as a means for Judges to decide legal matters in subsequent cases. Judges can rely on previous case law to justify decisions in current cases."

For countries following the common law tradition, Case law are understood as follows:

A Case law is a judgment or decision of a Court concerning a specific case. Case laws are not created outside the real situations and events of a case; they are only established by higher courts within the court system. Case law from the highest court has the highest legal force and influence on all lower courts. Only judgments or decisions of the highest court containing legal solutions to complex legal questions in specific cases can be considered as a Case law. Case law is considered as supplementary legal sources with reference value for Judges to apply uniform law. In relation to laws enacted by the legislative body, Case law has lower efficacy. Case law can be overruled by laws enacted by the legislative body and may also be overturned by the same Court that issued the case law. 

In Vietnam, case law is categorized into several different types, including case law in Criminal Law, case law in Civil Law, and case law in Administrative Law.

Case law in Criminal Law is a type of Case law formed by the Court, containing arguments to explain and clarify behaviors and circumstances (culpability factors, aggravating or mitigating factors, etc.) in criminal judgments and decisions that have legal effect. They are selected and published in a certain order and procedure, with the value of applying uniform criminal law in the trial of subsequent criminal cases with similar circumstances and legal events.

Administrative case law involves arguments and explanations to apply the provisions of the legal system regarding state administrative management. The trial of administrative cases is an assessment of the legality of administrative decisions and actions subject to litigation. Such administrative decisions or actions are made by competent individuals or bodies in the course of state management activities, based on the provisions of the law to issue administrative decisions or perform administrative actions.

Civil case law consists of explanations of regulations governing property relations and non-property personal relations or relations related to the property of individuals, legal entities, and other subjects, based on principles of legal equality, autonomy, civil litigation rights, and the property responsibilities of parties involved in these relations. Civil case law is the judicial process of recognizing and applying new rules to enforce justice in cases that have been resolved, serving as a basis for rendering judgments in similar cases or issues in the future.

According to the regulations of Vietnamese civil law, in cases where there is no legal norm, no established practice, and no applicable similar law, the fundamental principles of civil law, case law, and principles of fairness shall be applied. Specifically, it is stated in Article 6 of Civil Code 2015 that:

“1. In cases where an issue rises under scope of civil law which it is neither provided for by law nor agreed upon by the parties nor, nor applied by practices, analogy of law shall apply.

2. In cases where it is impossible to apply analogy of law as prescribed in Clause 1 of this Article, basic principles of civil law provided for in Article 3 of this Code, case law, and justice shall apply.”

It is also stipulated in Article 1 of Resolution No. 03/NQ-HDTP dated October 28, 2015, of the Council of Judges of the Supreme People's Court (SPC) on the procedure for selection, announcement, and application of case law that "Cases law are the reasoning, judgments in the court's rulings, decisions that have legal effect issued by the Court on a specific case selected by the Council of Judges of the SPC and announced by the Chief Judge of the SPC cases law for other courts to study and apply in trials."

Thus, in Vietnam, case law is applied to resolve cases and incidents when there is no legal document or other regulatory sources available.

II. INTERESTING THINGS ABOUT CASE LAW IN VIETNAM AND IN THE WORLD

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