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What i mean is that are there any similarities between laws made by the parliament and the judge made law (common law or case law )

2006-11-12 12:11:07 · 4 answers · asked by nash_arsenal 1 in Politics & Government Law & Ethics

4 answers

Statutory and common laws are basically based on the same principles of what is good and bad. The parliament and the judges always consider the public opinion in making laws. What the majority thinks is the basic element in making a law.

2006-11-12 12:15:11 · answer #1 · answered by FRAGINAL, JTM 7 · 0 0

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.

2016-03-28 03:39:14 · answer #2 · answered by Anonymous · 0 0

For any given area of law, both statutory law and common law would likely share the same philosophy with regard to how to deal with issues in that area. There is also often the case that statutes are drafted with reference to extant case law so that the impact of any changes would not be too significant.

2006-11-12 19:29:32 · answer #3 · answered by pengsanking 2 · 0 0

The difference is basically who makes the law.

Statutory law is legislated law, made by politicians.

Common law is basically direction made by the courts (stare decisive) it is a decision made by higher courts that are followed by lower courts. Its usually done with contracts as in interpretation of the agreement.

Statutory laws can also be changed by courts, usually the highest court of the land, using its constitution as a guideline.

2006-11-12 17:32:29 · answer #4 · answered by tordor111 3 · 0 0

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