Legal Definitions - Illinois Case-Law

Illinois Case-Law refers to the body of legal principles and rules established by decisions of courts within the state of Illinois, particularly the Illinois Supreme Court and the Illinois Appellate Courts. When these courts rule on specific cases, their written opinions create precedents that lower courts in Illinois must follow. This type of law is distinct from statutory law (laws passed by the Illinois General Assembly) but often involves interpreting and applying those statutes, or even developing new legal principles where no statute exists.

Here are some examples illustrating Illinois Case-Law:

• Interpreting Federal Law in State Courts: The Illinois Supreme Court ruled that individuals could bring lawsuits in Illinois state courts for unsolicited fax advertisements under the federal Telephone Consumer Protection Act (TCPA), even though Illinois state law did not specifically create such a cause of action. This decision, from the case Italia Foods, Inc. v. Sun Tours, Inc., established that Illinois state courts have the authority to hear these types of federal claims, thereby becoming a part of Illinois case-law.

  This example illustrates how Illinois case-law can clarify the jurisdiction and application of federal statutes within the state court system, providing a pathway for citizens to enforce federal rights in Illinois.

• Clarifying Ambiguous State Statutes: Imagine a situation where an Illinois state law requires employers to provide "reasonable accommodations" for employees with disabilities, but the law doesn't precisely define what "reasonable" means in all contexts. An Illinois Appellate Court might hear a case where an employee sues their employer, arguing that a specific accommodation was denied. The court's ruling in that case, defining what constitutes "reasonable accommodation" under particular circumstances (e.g., whether a specific modification to a workspace is required), would become Illinois case-law.

  This demonstrates how Illinois courts interpret and give specific meaning to broad or ambiguous terms found in state statutes, providing guidance for future cases and shaping how the law is applied in practice.

• Establishing Common Law Principles: Consider a scenario where a new technology leads to a novel type of harm, such as widespread emotional distress caused by a company's negligent handling of highly personal data, but no existing Illinois statute directly addresses this specific type of injury or duty. The Illinois Supreme Court, in a landmark case, might decide to recognize a new "common law" duty for companies to protect such data and allow individuals to seek damages for severe emotional distress under specific conditions. This new legal principle, created by the court's decision, would become part of Illinois case-law.

  This example illustrates how Illinois courts can develop new legal principles or duties (known as common law) to address emerging issues or fill gaps where statutory law is silent, thereby expanding the body of Illinois case-law.