What is the difference between Common Law and Statutory Law?

Question

Please give examples of both? Where it originated from? How it is implemented in todays society?

Answer 1

Statutory is by statute - someone wrote and passed a law.
Common law is also known as judge made law - law that comes from court cases.

That's enough to get you started on your paper - which I will not write for you.

Answer 2

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Common law is "judge-made law." It's essentially the same as legal precedent or "stare decisis." Common law is the body of law created when judges interpret and apply existing law to the cases before them, which future courts are bound to follow. Once upon a time, judges literally made up the law this way, over the course of history. Statutory law is the law created by statute. It comes from law-making bodies like legislatures, and is simply written down into a code or statute book. We still have both, except that judges no longer entirely make up law, (or so we hope) but rather follow statutes and the common law or "case law" interpreting it. Sometimes courts are "bound" by the precedent set by prior decisions, and sometimes they are not.

Answer 3

Statutory law is law that has been created by lawmakers, ie attorneys and judges. Used throughout country as a set standard

Common law is something that started out as a custom that has been used for a long period of time and has been made a law, usually only used locally or state.

Both are ideas derivived from old English law.

Answer 4

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RE:
What is the difference between Common Law and Statutory Law?
Please give examples of both? Where it originated from? How it is implemented in todays society?

Answer 5

Common Law is law that has come about by traditions, like Common-Law marriage. Some states honor common-law marriage (like Colorado) and it is accepted as a custom.

Statutory Law is law that is made by the government.

Answer 6

Statutory laws are enacted by the legislature (example: Congress at the federal level). They are almost always prospective, meaning that they deal with broad future-looking topics.

Common law is also known as judge-made law. It refers to the collections of precedents and case decisions (binding and otherwise) that arise out of specific controversies. Unlike statutory laws, common law decisions are retrospective, dealing with one particular factual situation.

Also unlike statutory laws, common law can only be created when a case is brought before the court for review. A judge can't just sit down and create a ruling when there is no current case pending. In fact, at the federal level, a judge can't even issue a non-binding advisory opinion. The judge's decision must address and resolve a specific case or controversy then before the court.

Why do court rulings have any effect on later cases? Because of the doctrines of precedent and "stare decisis" (literally, "let the decision stand"). The rulings of courts have value in later cases to ensure that the same set of facts achieves the same outcome. That's why cases have precedent value. And that's really the only way the legal system can work. Can you imagine what the legal system would be like if every judge was completely free to interpret the laws, without any regard for what previous court decisions had said on the subject?

Judge-made law, common law, is essential to the proper functioning of the legal and legislative system that has served England, Australia and the US for centuries. Without that concept of binding precedent, every court case could come out completely differently, with no consistency. People could not depend on figuring out how a law was going to be interpreted, because judges were not allowed to make their interpretations binding on lower/later courts.

And if appellate decisions were not binding, then judges could ignore prior overrulings, hoping that they would get a different appellate judge who (because precedent is not binding) could happen to agree with them. We'd end up with a system like South Dakota, where laws are passed regardless of the fact that an identical one had been declared illegal, just because a different appellate judge might rule differently. Utter chaos.

So, common law generally deals with the details of interpretation of how a general statutory law (or constitutional provision) would be applied to a specific factual circumstance.

Answer 7

Common law is law made and applied by judges in order to resolve disputes between private parties. Common law is a great help when it comes to legal environment of business. If you are in a business sector then its a must that you know common law of your state cause sometimes you gonna come across it . Common law is state law and never Federal law, and it varies from state to state. For almost hundreds of years now cases that involves business has been gathered and stored in books called case reporters. To settle disputes that are similar to a past disputes judges study past cases for guidance for their decision. statutory law is enacted by legislative body (the congress or the state legislatures) and common law is made and applied by judges. statutory law has statutes/laws passed by congress and one of the most popular source of statutory law is 'united sates codes annotated' (U.S.C.A). Every business has to follow regulatory law, agency orders and opinions, treatises, law reviews, and environmental laws and they are all part of statutory law and its federal. its easy if you think, at least its easy for for me this way, common law as a state law and statutory law as Federal

Answer 8

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Answer 9

Statute law is legislation created by a legislature - in the US that is Congress, in the UK and Australia it is Parliament. It's origins - at least in countries with an English legal heritage - are the royal proclamations made by the King or Queen. In the UK and Australia Statute law still technically gets its authority from the Crown, although this is basically a rubber-stamp these days.

Common law is not customary law. Common law replaced customary law. Before William the Conqueror invaded England, local communities would decide disputes themselves, based on custom. Law derived its authority from long-standing tradition.

After the invasion, William set about creating a common law for his kingdom - which unsurprisingly became known as 'the Common Law'. Legal decision-makers were then supposed to have regard to precedents from across the country. This was very difficult until someone had the good idea of writing down judgments and distributing them. Law derived its authority from these judgments, not merely from custom. This allowed legal decision makers to form (and follow) cohesive doctrines.

Parliamentary Acts eventually replaced Royal proclamations as the source of Statute Law. (look up the English Civil war in Wikipedia for a good start)

A good example of how the two sources of law are used today is the crime of murder. In my jurisdiction (Victoria, Australia) a statute (the Crimes Act) makes murder a crime, and sets a maximum punishment. But it doesn't give a definition of murder. To find that definition you need to look to the common law: the basic starting point is a definition formulated in the 1600s by Sir Coke:

"Murder is when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King's peace, with malice aforethought, either expressed by the party or implied by law, so as the party wounded, or hurt, etc. die of the wound or hurt, etc. within a year and a day after the same." (source: wikipedia:\Murder)

This definition was written as a piece of academic writing, but was given legal authority when judges approved it in judgments for their cases. Other, more recent cases flesh out that definition, such as exploring what 'with malice aforethought' means.

Statute law has also amended this definition over time. In many jurisdictions Coke's definition (or one similar to it) would have been put in an Act. In my jurisdiction you would still need to look to statute law to find out, for example, what 'the age of reason' is.

In modern federal systems, such as Australia and the US, both State and Federal legislatures make Statute law. Both State and Federal laws need to be interpreted by courts, therefore there is judge-made law at both levels. Depending on the make-up of your federal system and the nature of the dispute, decisions about a State law may have country-wide implications if they are made by the highest court in the land (the Supreme Court in the US, the House of Lords in the UK, the High Court in Australia). For example, a murder case might go to the High Court, appealing a point of law about self-defence. If the High Court changes its position on self-defence that will apply across the country, even though murder is prohibited by a State statute.

Answer 10

umm not sure.. but I'll take a crack. common law is if you live with someone long enough and share household bills and lifestyle this makes the person a commonlaw partner like in a marriage.. statutory law indicates the person is underaged.