Difference between Common Law and Statutory Law
Key Difference: Common Laws are laws that have come about of been enacted based on court rulings. These laws are developed based on rulings that have been given in older court cases. Common laws are also known as case law or precedent. Statutory Laws are laws that have been written down and codified by the legislative branch of a country. The law has been set down by a legislature or legislator (if it is a monarchy) and codified by the government. These laws are also known as written law or session law.
Rules, laws and acts are important to almost any organization or country. The rules and laws ensure that there be peace and tranquility maintained among the people. Laws also ensures that everyone is treated the same and no one is placed above the law based on their social standing. There are various different types of laws that often confuse people because of their technical wordings. Common law and statutory law are two types of laws that exist in a country. These are confusing for many people who are not well-versed with law books.
Many countries depend on a mixed law system to provide the proper justice. This is because statutory laws are often written in general language and may not govern every situation that may arise. In cases like these, the courts must interpret and determine the proper meaning of the statute that is most relevant to the case. Both statutory laws and common laws can be disputed and appealed in higher courts.
| Common Law | Statutory Law |
Definition | Common laws are laws that have been come about through decision of courts or other decisions. | Statutory laws are laws that have been written down and passed by the legislative branch of a country. |
Origin | Precedent or judiciary | Legislator or Government |
New laws | New laws are passed or old laws evolve because of new decisions that have been passed in courts. | New laws are passed by the legislative system of a country. |
Also known as | Case Law, Precedent | Written law, Session law |
Nature | Instructive | Prescriptive |
Operational Level | Procedural | Substantive |
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