Also known as:case-made · case-made law · judge-made law · common law
Written by attorneys · grounded in primary & secondary sources — see below
A written statement of the facts proved at trial and drawn up and stipulated to by the parties so that certain legal issues can be decided by an appellate court.
Sources & Authorities· 29 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Manslaughter Appeal on Negligence
Christopher Collins was convicted of involuntary manslaughter after his criminal negligence caused a death. The parties prepared a case made containing the stipulated facts from trial and submitted it to the appellate court to resolve whether the conduct met the standard for criminal negligence.
Jury Trial Fact Review
Clifford Cox prevailed before a jury in a suit exceeding twenty dollars. The losing party prepared a case made stipulating the jury's factual findings and presented it to the federal appellate court for review limited to legal questions under the common-law rules.
Cody Callahan sued in federal court under diversity jurisdiction over a state-law contract claim. The parties submitted a case made with stipulated facts to the appellate court so it could decide whether the district court correctly applied the forum state's substantive law rather than federal common law.
Adoption Jurisdiction Challenge
Carmen Choi petitioned to adopt a child in county court. After an adverse ruling the parties prepared a case made stipulating the residency facts and submitted it for appellate resolution of whether state adoption statutes conferred jurisdiction despite the common-law background.
Privilege Claim on Appeal
Charles Cunningham sought to compel production of communications in a civil case governed by state law. The parties filed a case made containing the stipulated facts surrounding the communications so the appellate court could determine whether federal or state common law controlled the privilege question.
Negligence Risk Assessment
Coastal Shipping was held liable for negligence after an accident. The parties prepared a case made stipulating the facts about common knowledge of risks and submitted it to the appellate court to decide whether the actor should have recognized the conduct created an unreasonable risk under the applicable standard.
Common questions
Frequently Asked
2
What is the purpose of a case made?+
A case made allows parties to stipulate the facts proved at trial so an appellate court can decide pure questions of law without reexamining factual findings.
Supporting sources
How does a case made differ from a regular appeal?+
In a case made the parties agree on the facts in writing so the appellate court addresses only the legal issues presented by those facts rather than reviewing a full trial record.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…weights of the respective interests involved, with the lessons and examples of medical and legal history, with the lenity of the common law, and with the demands of the profound problems of the present day. The decision leaves the State free to place increasing restrictions on abortion as the period of pregnancy lengthens, so…