Can anyone explain in detail statute law and common law?

Answer 1

Common law is the body of law that comes from previous rulings in former court cases. When anyone is tried in court in a common law system the facts of the case and the ruling that was handed down affect future rulings in similar cases. Statutory law is an law or regulation that is written out by the legislative body of a state. The application of statutory law can be changed by the rulings of courts if a country has a shared law system such as in the United States. In the US laws can be passed by the legislative bodies of the states or the federal congress, but the way in which it is enforced is determined by the courts at the municipal, county, state, federal, appelate, and supreme level. Any higher court has the ability to rule on the acceptablity of a lower courts ruling, and any ruling that stands becomes part of the common law. Most courts in a common law system have traditionally been reluctant to set new precedents, but there are some courts that decide to become active in their interpretation of various statutes or common laws and set new precedent by ruling in a new way that goes against established rulings.

Answer 2

Statute law is law that basically comes from legislation. Legislation is enacted by parliament after a specific process. Bills are introduced into parliament. It will be read and passed (or failed) through both houses of parliament - house of reps and senate (although some states do not have both houses - in that instance there is only one house and it only needs to pass through there). Once it is passed - it is to be assented (usually by the governor). Once assented it is now a law and is known as statute law. Statute law generally overrides common law if it is on the same issue (there may be exceptions to this however). Common law is law that is made by judges in the court system. This is generally law on how to interpret legislation - but can also be more technical (such as in equity cases).

Hope this helps a little.

Answer 3

the common law is from the Roman law or the magna carta which our forefathers based all of our laws on ,statute law is the laws our so called law makers passed as statutes, after the formation of our constitution, all laws are supposed to adhere to our constitution, but , many are not so they are taken to the supreme court to determine the constitutionality of these laws,
It is a very unfair practice because unless some one has deep pockets they can't take their case to the supreme court to get a hearing, and many end up being in prison for years because of a unconstitutional law,