Is case law federal or state?

The Constitutional issues are federal. The state trial court is thus bound by the U.S. Supreme Court’s decisions about the Constitutional issues in your case. Any decisions from other federal courts other than the U.S. Supreme Court are persuasive authority on the federal law issues.

Does state law supercede local law?

The constitution further states that ordinances passed by home rule charter cities and counties take precedence over conflicting state laws as to local affairs. State laws take precedence over home rule charter ordinances as to matters that are not local affairs.

What happens if the Supreme Court rules that a state law is in conflict with a national law?

What happens when state law conflicts with federal law? The answer relies on the doctrine known as federal preemption. Under the doctrine of preemption, which is based on the Supremacy Clause, federal law preempts state law, even when the laws conflict.

Does case law have to be followed?

Case law (or judicial precedent) is law which is made by the courts and decided by judges. This principle means that a court must follow and apply the law as set out in the decisions of higher courts in previous cases.

Is common law and case law the same?

Case law is sometimes referred to as judge made law. In common law systems, it refers to the law that has been established by following decisions made by judges in earlier cases – legal precedents. In this way the law can be changed or clarified, and a precedent set for all subsequent courts to follow and apply.

Does California follow Dillon’s rule?

The broad grant of power under the California state constitution contrasts with many other states who adhere to “Dillon’s Rule” of strict construction concerning the legislative powers of local governing bodies.

Can case law be changed?

Case law (or judicial precedent) is law which is made by the courts and decided by judges. The main sources of cases are law reports, digests and official transcripts. Case law, like legislation, can change over time. Just because a decision was good law once does not mean it remains so today.