Monday: October 20, 2025
Disability court case law (also called common law) refers to the body of law formed by judicial decisions in disability rights cases. It differs from codified laws and acts in some key ways:
– Origin – Case law originates from court decisions rather than statutes passed by legislative bodies. It is based on precedent rather than enacted laws.
– Scope – Case law interprets the application of laws and acts, rather than creating new laws. It often clarifies ambiguities in legislative language.
– Binding – While only binding in that jurisdiction, court precedents influence rulings in future similar cases. This creates somewhat binding common law.
– Specificity – Case law looks at specific circumstances rather than creating broad statutes. It can be very situation-specific.
– Evolution – Judicial precedents continually evolve disability rights, whereas acts require legislative action to amend.
– Examples – Key ADA and IDEA case law has defined disability rights on issues from education to employment to access.
So in essence, disability case law is reactive and interpretive, while codified laws are proactive statutes. Both play crucial roles in shaping disability rights in the U.S. legal system.
