What is the difference between common & statute law?
Answers:
Common Law is the law of the people. In earlier times in England there were well established customs and "rules" that people lived by so that order was kept in communities and justice could be preserved. These developed over time and eventually were written down and ratified by King William the Conqueror. They became known as English Common Law. These laws also formed the basis of the legal systems of countries colonised by the British.
Statutory Law is law that is written and made by government to address a perceived need to regulate or clarify legalities associated with the function of government, public order, business practise or individual behaviour. This law is made by a legislative or executive body. (Parliament or Congress)
Common Law is something that's generally accepted after a period of time. Statute Law is on the books,when and where came into effect.
Common law has its origins in early medieval England and was based upon precedent judgments. (Past decisions by the authorities). This is the basis for American Law.
Statue law is much older, having been formulated IN Greece and Roman law. Rome had primitive law codes that where formalized first by the Byzantines (Justinian), and much later by Napoleon Bonaparte.
These codes are the basis for justice in Europe and many of the places Europeans colonized around the world.
Look, I gave you a textbook answer from history. I have an advances Degree in Ancient History from Berkeley and I know what I'm taking about, Dumbo!
Statutory law is codified law -- that means -- it is written down, and is readily accessible -- it's law that is enacted by legislatures (by legislatures, I don't mean just congress and senate. . . but by lawmakers, in general, including administrative agencies).
Common law has roots (for America, at least) in old-world England. It is the doctrine of "stare decisis" which means -- literally, to stand by things decided.
That is to say that if a judge of a court of higher jurisdiction makes a decision, then the lower courts have to follow that decision if the facts in the case are substantially the same -- if they differ, however, they can use that -- too.
Common law is written down -- but it's harder to find, because it isn't compiled in sources readily accessible to the general public -- it's located in court cases and decisions handed down by various courts.
It's important to recognize what is meant by "higher court" since there are actually 52 separate legal systems here in the US.
In your state -- the highest court is the U.S. Supreme Court -- then your State High Court (here, it's called the Ohio Supreme Court) then the appellate court (here it's called the Ohio Court of Appeals) then the trial courts (Municipal, Domestic, Common Pleas). . .
So -- if a court in Ohio says something, and you live in Kentucky -- the court in Kentucky doesn't have to follow it . . . but if the U.S. Supreme Court says it . . . Kentucky does.
Get the drift?
Go to your government and ask to see all the laws (legislation or statutes) it has passed - you will be looking at statute law.
Go to a law library and have a look at how the courts have tried to interpret these statutes, or tried to "make do" when the statutes don't exactly cover a situation - you will be looking at common law.
In modern times the easiest way to understand the difference is:
Statutory law is made by State or Federal Legislatures.. who pass statutes .. these statutes are laws..
Common law is made by the Courts.. who interpret legal principals that previously came out of court decisions from "higher" courts.. and apply them to the facts in the current case.
Usually common law is all about things that the Legislature has not enacted a statute about yet.. because the statutory law will always take precedence over common law (unless for some reason the statutory law is unconstitutional and should not be enforced).
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