What would you like to do?
Generally speaking, common law is a system of laws that originated in England that is based on judicial decisions and customs rather than on codified written laws. Case law is based on judicial decisions and precedent rather than on statutory law. The judicial decisions in cases become the body of common law in England AND the United States. When an attorney must rely on common or case law in a certain legal action that common or case law must be researched to make certain it wasn't changed in a later decision. Early common law is the source for many of our codified laws.
3 people found this useful
Was this answer useful?
Thanks for the feedback!
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.
The Australian legal dictionary states that the terms can be used the same way. They mean the same thing.
In the common law system, law is interpreted and, thus, "written" by judges hearing the cases. Their decisions become the 'rule of law' for all future cases that are factually… similar. The civil or codified law is law that is written into statute or code books and are strictly interpreted by the courts of that country. 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 updates to the legal code must be made through legislation or other lengthy processes. Therefore, judges must make rulings based only on these codes and statutes, only analyzing past judicial interpretations of the law for advice. This process allows for a stabler and more representative legal system. France, Germany, and Spain are modern examples of countries who use civil law. On the other hand, a country which uses common law has a legal system based primarily upon past judicial opinions. These judicial opinions are interpretations of legislation, which are considered more as a guide than as literal requirements such as under civil law. Thus, common law systems acquire their laws over time and may have their laws altered by single rulings. This practice allows for a more flexible and expeditious legal system bypassing the often reluctant and slow-moving legislative system. Because it was developed in England, modern examples of countries which use common law are typically former English colonies such as Australia, India, Canada, and the United States.
In Common Law, judges are required to comply with precedents - rulings from previous cases - as well as with statutes (law that was made by the government). This means that so…me "laws" are created by judges, and these "fill in the gaps" of statute law. In Civil Law, judges interpret statutes and precedents are advisory only (but still pretty influential). In Common Law, trials use the adverserial method. These means that two lawyers take it in turns to present their case to a neutral judge, who will eventually decide which case is the most convincing. In Civil Law, the judge dominates the trial (but lawyers are still there to persuade him) and may well make his opinion known throughout the trial.
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.
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 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.
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.
Legislative laws arer those designed debated and passed into law by Governments Common laws evolve over time as a result of similar Court cases resulting in the same or s…imilar court decisions. They end up forming the basis of solving disputes without going to court, can be cited as precedents at court
The Napoleonic code was an effort to put together texts of law redacted in the clearest way possible in order to make it accessible to all citizen. The main difference w…ith English Common Law is that in civil law jurisdictions judicial precedent is given relatively less weight, and scholarly literature is given relatively more. The Napoleonic code expressly forbade French judges from pronouncing the law. This the legal tradition that prevails in, or is combined with common law in, almost all non-Islamic, non-common law countries.
Common law - The system of laws originated and developed in England and based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rathe…r than on codified written laws. Regulatory law - procedures created by administrative agencies (governmental bodies of the city, county, state or Federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making
Common law is judge made law that has evolved in a particular jurisdiction. Common law in the United States evolved from English Common Law. It involves private citizens withi…n a country. Many aspects of state codes evolved from common law. International law is a combination of agreements, customs and treaties that regulate the conduct of sovereign states between themselves. It involves governments and not private citizens although private citizens can sometimes benefit from international law.
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
colonial law is not law are rules of english law