The Hierarchy of Laws: Understanding and Implementing the Legal Frameworks that Govern Elections What is the source of authority for common law or case law? In countries where case law is accepted, national history or constitutions recognize its authority. However, the authority of case law can be controversial among those who disagree with the direction taken by the courts. Who interprets and enforces common law or case law? A judgment of a court will generally set out a remedy – for example, awarding damages, stating rights to property, or ordering remedial action. In cases when the matter deals with a crime or other offense, a punishment or sanction may be ordered. In arguing a case, counsel may quote applicable judgments as well as statute law. Judgments are enforced by law enforcement agencies and other regulatory bodies. How is it changed? A senior court may overrule the decision of a lower court, which effectively changes the common law. A legislature may enact law that amends, restricts or reverses a rule of common law. How does its authority relate to other levels of jurisdiction? Generally, a rule of common law set by a senior court binds lower courts. The application of federal court decisions to state or provincial courts depends on the court structure of the nation. Decisions of a court of a state or province may be cited as persuasive but not binding on courts of other states. For example, a U.S. state court decision applies in another state only when adopted by a federal court or a court of the other state, or is incorporated into statute. An example of the hierarchy of courts is illustrated below. Figure 3: Hierarchy of Courts in the United States of America (from www.saylor.org) 13