explain the different between common law and statute as source of law(could you please add example)?

Answer 1

check with your state.

Answer 2

Statutes are laws passed by a legislature. They are typically prospective -- meaning they are broad and general, and forward-looking.

Common law refers to the interpretations of laws as made by the courts, which often become binding precedent on lower courts. Unlike statutes, they are usually narrowly limited to the relevant facts of the case from which they arise.

Example: Legislature passes a law that makes it a crime to break into a residence at night for the purpose of stealing something (standard burglary statute).

At around sunset, when the sky is still light, a person breaks into a home to commit theft. The case goes to trial, and the issue is what does "at night" mean. After numerous appeals, the final interpretation by the highest court is that "at night" includes any time at or near sunset, if someone would likely be home.

The statute laws out the general law. The interpretation clarifies how that applies to that specific fact pattern.

However, (other than constitutional interpretations by the highest court in the jurisdiction) common law cannot directly contradict statute. So, the court above could not have interpreted "at night" to include 2 in the afternoon on a sunny day. That would contradict the statute, as opposed to resolving a fuzzy area.

Answer 3

common law is *Scottish law