Legal Definitions - adjudicative law

Adjudicative law refers to the body of legal principles and rules that arise from the decisions made by courts and other tribunals when they resolve specific disputes. Instead of being created by legislative bodies (like statutes) or executive agencies (like regulations), adjudicative law is developed incrementally as judges and other adjudicators interpret existing laws and apply them to the unique facts of individual cases. These decisions often set precedents that guide future rulings in similar situations, thereby shaping and clarifying the law.

Here are some examples to illustrate adjudicative law:

• Example 1: Contract Interpretation

  Imagine a business dispute where two companies disagree on the meaning of a specific clause in their supply contract. A court hears the arguments, examines the contract language, and considers the intent of the parties. The judge then issues a ruling that interprets the clause, clarifying its meaning and how it applies to the facts of the case. This judicial interpretation, especially if it comes from a higher court, can become a guiding principle for how similar contract clauses are understood and enforced in future disputes, thereby contributing to adjudicative law.

• Example 2: Defining Constitutional Rights

  A landmark Supreme Court case might address whether a new government surveillance program violates citizens' constitutional right to privacy. After reviewing arguments and considering the relevant constitutional amendments, the Court issues a decision outlining the boundaries of privacy rights in the digital age and setting limits on government action. This ruling doesn't create a new statute, but rather interprets and applies existing constitutional principles, establishing a binding precedent that all lower courts must follow. This judicial interpretation forms a crucial part of adjudicative law.

• Example 3: Administrative Tribunal Decisions

  Consider an employment discrimination case brought before an administrative tribunal, such as an Equal Employment Opportunity Commission (EEOC) panel. An employee alleges they were unfairly denied a promotion due to their age. The tribunal investigates, hears testimony, and reviews evidence. Its final decision, which might include an order for reinstatement or compensation, also often provides a reasoned explanation for its findings. If this decision establishes a new standard or clarifies how existing anti-discrimination laws apply to a particular workplace scenario, it contributes to the body of adjudicative law within that administrative agency's jurisdiction, guiding how similar age discrimination claims will be handled in the future.