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What are the differences between common law statute law and law of precedent?
Wiki User
∙ 15y ago
In summary, there are two primary legal structures in the world. Some are derivatives or hybrids of each but in the main there is a Common Law System and a Civil Law System.
In Common Law the ideal is that the law is applied in accordance with the local customs of the people - 'common' whereas the Civil Law has 'blanket application' if you like.
Both systems generally have a standard Legislature and Executive (Parliament and Government) - see France as a Civil Law system and the United Kingdom or United States as Common Law. What this means is that in both systems there will be 'Statute Law' - that is Acts of Parliament or Congress etc.
The judiciary are expected to apply these laws and interpret what they actually mean whilst doing so. In the Common Law world 'precedent' is basically the back catalogue of other judge's interpretations for today's judge to approve or disprove.
The ideal of Civil Law is that the statute should be clear as to it's application that there is no need for disagreement on 'what was actually meant' - therefore erasing the need for legal 'precedent'. NB. While in England a Common Law system is used, this does not apply to the entire UK. Due to historical influences from both Europe and England (having been occupied by them), Scotland has a system inclusive of both Common and Civil Law.
Wiki User
∙ 15y ago
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What are three principles of common law?
common law is based on precedent rather on statute law
What are differences between a section common property and exclusive use?
what are the differences between a section, common propety, and eclusive use
Outline three essential differences in operation between common law and statute law?
Statutory law are laws passed by the legislature and have been written down and codified for use. Common law is based on precedence or case law.
What is tha differences between a bird's egg?
Common differences are size and color.
What is the difference between common law and precedent?
"precedent" means that the judgment made by law. "common law" means that as well as precedent, but it came from England
What takes precedent statute law or contract?
Statute law takes precedence over the others. Where it doesn't conflict with the written laws, contract law will be next. Common law is only relied on as a last resort.
When there is inconsistency between a statutory provision and a common law principle which law prevails?
Statute.
What is a body of law based on custom tradition and precedent set in past court cases?
Precedent is a component of common law
What happens when a court has no applicable statute?
1. What is the difference between common law and case law ?
The differences between sciences and common science?
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Why is statute law superior to common law?
It's not. Common law is suprior to statute law.
What is the difference between judge-made law and statute low?
A statute law is made by parliament. Statute is legislation and acts. A judge-made law, or a common law, is a result of judicial decisions, decisions which originate from court cases.
