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"Common law" refers to the law that evolves over time based on past customs and practices. A "statute" is a specific law that is passed by the government.
Statute law refers to the laws that have been passed by the legislature and have been written down and 'codified' for use. Common law refers to the laws that are more or les…s "that's the way it has always been done." Common law relies upon the body of history and prior cases to establish what the rules are, one of the reasons lawyers study past cases so much. Some states have not codified murder, as the common law definition is more than adequate.
Answer,excellent question. Common law refers the body of law developed in England primarily from judicial decisions based on custom and precedent, unwritten in statute or code…, and constituting the basis of the English legal system. Statutory law are laws that are derived from common law but changed in a way. Speeding is a statutory law obviously there was no speeding in England because lack of a car. Sometimes laws are changed due to the way society views them. For example, at common law a husband could not rape his wife. Rape is a crime against a person therefore a women who at the time was considered his property makes it legally impossible to prosecute a man for raping his wife. As time went states developed statues deriving from the original law. Until recently men could not be raped because it lacked the element of forced vaginal intercourse. Men are rarely products of rape because "an erection" validates consent... (BS) but that's the law in most cases. Men were typically victims of sodomy which doesn't involve force. Penetration into any hole in the body is considered sodomy consensual or not. anal sex, fellatio, ear, nose, you get the idea. p.s. enjoy your criminal law class. Statutes have been legislated, which means the government has discussed, argued and ultimately the majority of them have agreed upon what they wording and definition of what they want to regulate as well as set the punishment for anyone that violates that law. Common law is more or less the history of how certain things have been handled in the past. As the courts change the way things are understood or interpretted, the common law changes.
They are very similar with very different avenues for implementation. This is not intended to be a full answer but to replace the terrible answer that was here before. Essenti…ally, both rely on statutory law as well as precedent. From my understanding, common law, which originally was all precedent based, lays out a requirement forcing subsequent cases that are the same as previously rendered cases to be judged with basically the same outcome. In America, this is only relevant to similar cases in the same or subservient courts. Please correct wherever I'm wrong, to fully understand this requires months of legal study.
Statutory law comes from statutes that are passed from PARLIAMENT where as common law is the law that is made by Judges in COURT based on the concept of precedent.
Civil Law is different from Common Law in where it was derived from and how it is applied. It is important to note, however, that there has been a certain amount of convergenc…e of the two over time. Civil Law is based on Justinian's Code and the more recent Napoleonic Code, resulting in this form being influential on France and many European countries. Common Law however, can be traced back to 12th Century England, which results in many countries of the commonwealth following this form. Civil law involves heavy participation of the judge whereas Common law is adversarial - the prosecution and defense duke it out. This means that Civil law cases are way shorter (For example Amanda Knox's trial vs Casey Anthony's trial). Civil law includes applying an abstract set of rules to the facts at hand whereas Common law relies heavily on past precedents and reasoning.
The existence of legislation is essentially de jure whereas customary law exists de facto.Legislation grows out of the theoretical principles but customary law grows out of pr…actise and long existence.legislation as a source is historically much latter as compared to customary law which is oldest form of law.Legislation is an essential characteristic of modern society whereas the customary law has developed through primitive society.legislation is complete, precise, written in form and easily accessible,whereas customary law is mostly unwritten and is difficult to trace.
In a country which uses civil law, the legal system is based upon legal principles and codes usually rooted from the laws and legal system of the Roman Empire. Any updat…es to the legal code must be made through legislation or other lengthy processes. Furthermore, judges must make rulings based only on these codes. On the other hand, a country which uses anglo-saxon based common law has a legal system based upon past judicial opinions. Thus, common law systems acquire their laws over time and may have their laws altered by single rulings.
Judges based decisions on written laws.
So-called "common Law" can contain references to things both criminal and civil. See related link below:
Common law originated in England and and was later adopted in the U.S.. Common law is based on precedent (legal principles developed in earlier case law) instead of stat…utory laws. It is the traditional law of an area or region. The "rule of law" is a concept which is based on the premise that all citizens shall/will/should comport themselves in a lawful and orderly manner lives for the greater good and the peace of the community.
The main difference between common law and equity lays in where the information comes from. Law comes from prior court cases. Equity comes from the statutory laws rather t…hen prior cases.
In Criminal Law
A common law is based solely on the current standards or customs of the people, while a positive law is dictated from a sovereign or other central authority to prevent dispute…s and wrongs from occuring.
COMMON LAW: Common law is law developed by judges through decisions of courts and similar tribunals (also called case law), rather than through legislat…ive statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different occasions. The body of precedent is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a "matter of first impression"), judges have the authority and duty to make law by creating precedent. Thereafter, the new decision becomes precedent, and will bind future courts. In practice, common law systems are considerably more complicated than the idealized system described above. The decisions of a court are binding only in a particular jurisdiction, and even within a given jurisdiction, some courts have more power than others. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Interactions between common law, constitutional law, statutory law and regulatory law also give rise to considerable complexity. However stare decisis, the principle that similar cases should be decided according to consistent principled rules so that they will reach similar results, lies at the heart of all common law systems. Common law legal systems are in widespread use, particularly in England where it originated in the Middle Ages, and in nations that trace their legal heritage to England as former colonies of the British Empire, including the United States, Singapore, Pakistan, India, Ghana, Cameroon, Canada, Ireland, New Zealand, South Africa, Hong Kong and Australia A LAW Code A Law Code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in common law and civil law systems, their usage is different. In a civil law country, a Code typically exhaustively covers the complete system of law. By contrast, in a common law country a Code is a less common form of legislation, which differs from usual legislation that, when enacted, modify the existing common law only to the extent of its express or implicit provision, but otherwise leaves the common law intact. By contrast, a code entirely replaces the common law in a particular area, leaving the common law inoperative unless and until the code is repealed.[
"Equity law" or more appropriately, "equitable relief", is not directly comparable to "common law." The real question is what is the difference between "equitable relief" and …"legal relief: as reasons for filing a law suit. "Legal relief" is mainly compensation for a loss in the form of money damages. One example is in a negligence action, the plaintiff seeks money damages for personal injuries or other losses that can be quantified in dollars. "Equitable relief" constitutes something a court would order a party to do to either to prevent a loss or compensate a loss in some way other than simple money damages where legal relief , i.e. money damages, is deemed inadequate to properly remedy a situation. Equitable relief includes injunctions in labor disputes, partitions of real property, specific performance of contracts, reformation of contracts, setting aside invalid wills, divorces and various other matters where the court orders something to be done rather than entering a judgment for money damages. Some special aspects of equity law are that it requires that the claimant be free any inequitable action of its own, that no equitable relief can be given if there is an adequate remedy in legal relief and that equitable relief is flexible enough to allow a court to devise a remedy that may be appropriate under all of the circumstances. In common law England, actions involving legal relief were dealt with in the king's courts whereas actions dealing with equitable relief were dealt with in the chancery courts or church tribunals. Even though different courts dispensed different types of relief, both became precedent for future cases therefore both were separate parts of the body of common law.
Maritime law is basically law on a boat or on the water. Common law is something generally held true. For example living together for a certain period of time makes a couple b…asically married under common law. Under maritime law a Captain of a boat/ship can marry people.
Common law is formulated by a legislative body such as congress and civil law comes out of court decision or Stare Decisis meaning let the decision stand