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'Statute law" is how the Legislative Branch worded and intended the law to be applied. 'Judicial precedent' is how judges (the Judicial Branch) have interpreted the law and applied its decisions to subsequent matters arising under that particular law.
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∙ 15y ago
Bill Nauta
Statute law is law written and passed by legislative bodies, such as parliaments or Congress. It is formally enacted as legislation. Judicial precedent, on the other hand, refers to legal decisions made by courts in previous cases. When a judge makes a decision in a case, it sets a precedent that can be used as a guide for future cases with similar facts or legal issues.
Wiki User
∙ 12y agoIn the U.S., law is made one of two ways - either through the legislative process, or by judicial precedent - through the courts. A statute is the product of the legislative process. It is a law that is passed by at least a majority of legislators (state or federal) and then signed into law by that jurisdiction's executive officer (president or governor).
Judicial precedent comes about when a law is interpreted by a court. Under the English common law system, which was adopted by the U.S., the courts tend to favor consistency in their opinions. Therefore, a court reviewing a law in a particular state will make every effort to make sure that its decision does not overturn any previous decisions made in that state previously. Because of this, lawyers and judges cite to previously decided cases (and the reasoning used in those cases) as authority to support their positions. The more a case is cited for a particular proposition, the more value it has as precedent, and the more likely it is that that result will be binding on subsequent cases.
Wiki User
∙ 13y agoStatutes are enacted as bills through the legislature.
Case law, or judicially created law, is normally the application of the particular statute to a particular set of facts. Case law is also created when there is no statute on point.
For example, if my state has a statute that says "it is unlawful to operate a vehicle without wearing a seatbelt" and then I get a ticket for driving my tractor with no seatbelt, the judge must examine the statute, and determine whether or not it applies to the particular situation. Of course, this is an oversimplified example, but the idea is that the legislature cannot anticipate every possible future circumstance, so they draft broad laws, and the courts then determine how the law should be applied in each situation.
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What is difference between precedent and statue?
A precedent is a past court decision that serves as a guide for deciding similar cases in the future. A statute, on the other hand, is a law created by a legislative body, such as a government or parliament. Precedents interpret statutes, while statutes are the laws themselves.
When there is inconsistency between a statutory provision and a common law principle which law prevails?
When there is inconsistency between a statutory provision and a common law principle, the statutory provision typically prevails. This is because statutes are enacted by legislatures and have the force of law, whereas common law principles are derived from judicial decisions and may be overridden by legislation.
How many syllables in statute?
"Statute" has two syllables. It is pronounced as sta-chute.
How do i find a statute number in a document?
You can search for a specific statute number in a document by using the "find" or "search" function in your document viewer or browser. Simply type in the statute number you are looking for and the search function will highlight instances of that number in the document.
What is the difference between legislation and statute law?
There only difference between legislation and statute law is that the word legislation can refer to the act of trying to create law, regardless of whether any law is actually passed. In contrast, statutes are laws that have actually been passed.
The Virginia statute for established precedent of religious tol rance and freedom?
The Virginia statute for religious freedom established precedent of religious tol rance and freedom.
What is the English system of law base on?
mainly statutes and judicial precedent. Basically, a statute is a law created by the Government. Judicial Precedent is a little more complex. Basically in a court case, a judge may set down new precedent. This means that the Judge is effectively creating new law. Now, the court system is based on a hierarchy with the highest court being the Supreme Court. Each court lower down in the hierarchy has to follow precedent from the Courts above it. A judge in a higher up court can overrule a decision from a court below it. Judicial precedent is also known as common law. A good example of this is murder. Murder is not defined in any statute (people believe that it is defined under the Homicide Act 1957 but this only sets out defenses that are available to murder) and is based on precedent. The definition of Murder under English law comes from a sevententh-century judge named Lord Coke
Can a statute override a precedent?
No, but it can possibly have an affect on the ruling of a case.
Most criminal procedure has been established by?
Statute Law, and precedent.
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.
What is the alternative of precedent law?
Where the law does not set a precedent to be followed by Courts lower in the Court hierarchy, it must turn to the Statute (or legislation) that is prescribed in that area
What law is enacted by a legislative body?
Answer 1"Statutory" Law is enacted by Legislatures as opposed to "Common" Law or "Judicial" Law, which are created by Judicial or court action.Answer 2 If you are looking for the answer on the word search, the answer is LAWS.
What are three principles of common law?
common law is based on precedent rather on statute law
Federal courts are governed by a statute known as what code?
judicial code
Does a judge follow a precedent or a statute law first?
Trial courts are required to follow the law as it is. In the US, the law is "ranked" as follows: Constitution Statute Case law Regulations Additionally, federal law "trumps" state law. So, if a court is faced with a statute and a case that are in conflict, the court must follow the statute. This is one of the ways that congress "checks" courts. If the courts make a ruling on an issue, but congress does not like the precedent, congress can enact a statute that changes the law.
What takes precedent a contract between two parties or state statute law?
The state laws will be applied over and above the contract. A contract cannot violate the law at any level of jurisdiction.
How can you find out a previous case in order to file an appeal?
Look at the charge for which you (or your client) were convicted. This will show the name of the statute and the number. When you go to that Statute in the case law, you will see other cases that established precedent, and you can "Shepardize" those.
