Apr 05, 2015 · Common law v. Statutory Law. law differs from statutory law because it is mainly based on precedent. written legislation. This legislation will mainly be based on rules and. public. Common law, on the other hand, will allow judges to decide cases based. on the rulings of prior cases with similar circumstances.
- Basis For Common Law and Statutory Law
- Decisions and New Laws
- Legal Process
Common lawis defined as law that has been developed on the basis of preceding rulings by judges. Statutory laws are written laws passed by legislature and government of a country and those which have been accepted by the society.
Common lawis by far and wide based on judgments made in the past over hundreds of years. Statutory laws have statutes as their basis.
A judge refers to similar cases in the past and uses the judgments rendered then as a basis for deciding the current case. Thus, the judges while presiding over a case are referring to decisions based on previous cases to come to their final decision. In the event of unique circumstances presented in the specific case, the judgment passed by the judge becomes the new law. Common lawis also known as case law and is of two types – one where judgments passed become new laws where there are no statutes and the other where judges interpret the existing law and determines new boundaries and distinctions. Apart from common law and statutory law, there are also the regulatory laws framed by various government agencies that have the authorization to do so once statutes are created by the legislature. Statutory laws can be passed by various government agencies of a country. Thus, there are laws passed by federal and state governments, ordinances passed by towns and cities all having the power...
Determination of common law for a particular case is a process that begins with research analysis, location of previous relevant cases, extraction of statements and sentences passed in order to finally determine the common law applicable. Decisions of higher courts rule over lower courts and earlier cases. Statutory laws are already written and need just to be applied to a specific case. Common law is being developed on an everyday basis without causing any fractionalization of society or creating any expense to the state. Statutory laws are developed by government of a state or nation and these are organized and codified into law codes. They cover all areas regulated by statutory laws exclusively as well as those areas where common law is not applicable.
- Case law
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This is an example of statutory law. Common Law Common law is based on the concept of precedence, which requires judges to decide a case based on prior rulings or, at a minimum, consider the reasoning of prior judges when deciding a case with similar facts.
The common law of Pennsylvania consists of all cases decided by appellate courts in that state. The Illinois common law of bystander liability is all of the cases on that subject decided by Illinois appellate courts. Two hundred years ago, almost all of the law was common law. Today, most new law is statutory. But common law still predominates ...
In this section, we will examine two of the most fundamental types of laws, followed by nearly every nation in the world: statutory law and common law. A statute is a law passed by a legislature; and statutory law is the body of law resulting from statutes. A statute—or the statutory law—may also be referred to as legislation. One of the ...
the common law of England, and this is due in great measure to the authority of Sir Matthew Hale (King v. Taylor, i Vent. 293, 3 Keble 507), Blackstone and other writers, while Lord Mansfield held (Chamberlain of Lon-don v. Evans, 1767) that the essential principles of revealed religion are part of the common law.