Main cases set legal precedents, establishing new concepts or interpreting laws in new ways. Judges evaluate cases against existing law and precedent, but sometimes create new precedents when a case challenges existing law or is unique. Higher courts are typically involved in main cases, which contribute to the body of law and are used by other lawyers and judges in the future. Examples include Law v. Canada (1999), Fagan v. Metropolitan Police Commissioner (1969), and Miranda v. Arizona (1966).
A main case is a court case that results in a decision setting a precedent. It can establish a new legal concept or interpret a law in a new way. Leading cases contribute to the body of law and are used by other lawyers and judges in the future when addressing similar issues. Some are familiar to members of the general public because they have had such a profound impact on a company’s legal arena and culture.
When judges review cases, they evaluate the information in the case against existing law and precedent to make a decision that they believe is in line with the existing legal system. Sometimes, this isn’t possible. A case may challenge an existing law, it may advocate a reinterpretation of a law, or it may be of such a unique nature that it does not apply to known precedents or laws. In these cases, the judge’s decision will result in the creation of a precedent. This allows the legal system to evolve as new situations arise and as the approach to law changes; for example, laws against miscegenation were once on the books in many countries, and such laws are no longer deemed legal or appropriate.
Headline cases are the most prominent cases in a particular area of law, setting the precedent that other legal scholars abide by. Sometimes, the outcome of a root cause may be challenged by a lawyer or judge who disagrees with the outcome. When such cases are overturned, this in turn sets a precedent and threatens cases that depended on that parent case because their findings may also no longer be valid. The main cases include part of the jurisprudence, the body of law that derives from legal decisions, rather than laws passed by the government.
Typically the higher courts are involved in a main case. A higher court may be called upon to overturn a lower court ruling, clarify the interpretation of a law, or take other actions that could lead to the creation of a legal precedent. As a result, proceedings in higher courts tend to be followed closely when involving contentious issues, as members of the media and the legal community want to know whether the court will settle a main case.
Some examples of major cases include Law v. Canada (1999) in Canada, Fagan v. Metropolitan Police Commissioner (1969) in Great Britain and Miranda v. Arizona (1966) in the United States.
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