How do statutory law and common law relate?

Answer 1

More or less, the common law is derived through judicial resolution of disputes over time; it generally does not make conclusions which are full blown out of the left (I think) ear of Zeus: hence, without flaw, contamination with human fraility and heir to the human flesh.

On the other hand, the legislative function of a government (whatever that is) produces specific statements to do what the common law does, but much faster, and with massive information distrubution aimed at uniformity. Frequently, statutory law* is more nearly ad hoc, at least initialy, while the common law tends toward more amorphous, and broad principles of governance and behavior; As a practical matter the statutory law tends to follow the common law. BUT not always.

Roughly, governments produce statutory law; judicial systems produce common law. (Admitedly, judical systems are within governments)

*Statutory law for the broad puposes of this discussion includes municipal and agency regulations, executory orders; just about evey thing written down with the imprimature of authority of the state or its agencies is a 'statutory law' for practical purposes.

Answer 2

Common Law is law made by judges; Statutory Law is made by legislatures. Common Law: Early in England's history, judges had to decide legal cases according to what they felt the "common person" would think was right. To find this out, the judges followed the customs and the common beliefs of the people of the community. In deciding a particular case, the judge would look to previously decided cases ("precedents") with the similar issues and facts. The earlier decision was given priority and closely followed by the subsequent judges in making decisions on cases at hand. When several number of judges have decided the same kind of case, the decision becomes the "common law." It could only be changed when the customs and beliefs of the community changed. Statutory Law: Statutory law is made by the legislature. Most legislatures consider passing new laws that are applicable to new and emerging problems. Thus, the job of the judge is to apply both the "common law" and the "statutory law" to the case at hand.

Answer 3

Common law is based on past history. Statutory law has been passed by the law creating body, usually a legislature. Statutory law overrules common law. If there is no law on the books, judges will look at history to determine what the ruling or definition should be.