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What is the difference between statutory analysis and case law analysis?
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Compare statute law to case law as a way of producing good law?
Case law should be used as a means of interpreting statutory law. Statutory law is held higher than case law. Case law can be overturned in the process of interpreting and applying statutory law, but statutory law cannot be overturned, only amended. If analyzing law, see statutes first, and apply case law second as a means of defining the statute.
Is statutory law created by case precedent?
No. Statutory law will always take priority over case law. Case law is made when the given statutory law is either unconstitutional under the applicable state or federal constitution, vague, contradictory, or silent on a particular issue. But sometimes case law will be codified into statute by the appropriate legislative body in question.
What law is child support under case or statutory?
both
What are the sources of law in America?
common law; ( case law) statutory law Administrative law court rules constitutional law
Is statutory considered law on the books?
Statutory law or statute law is written law (as opposed to oral or customary law) set down by a legislature (as opposed to regulatory law promulgated by the executive or common law of the judiciary) or by a legislator (in the case of an absolute monarchy).
When a factual dispute is controlled by both statutory and case law case law always controls?
No. "Case law," also called precedent, controls a case only if it has not been superseded by statute. The only exception is case law regarding the constitution.
What are the sources of American criminal law?
The four main written sources of American criminal law are constitutional law, statutory law, administrative law, and case law.
Are Judges rulings based heavily on public opinion?
No, a judge's opinion must be based on statutory law, common law, or case law.
What does pursuant to statutory law mean?
That the laws on the books, the statutes, are being applied. As opposed to case law (laws developed by the courts).
What the difference between statutory and non statutory bodies?
A statutory body deals with written law; non-statutory deals with implied law.
What is the difference between case law and legislation?
Constitutional law sets forth the limitations of government, and ensures the inalienable rights of human beings. It is the only law that free men and women are obligated to follow. Statutory law establishes unconstitutional restrictions and illegal government control on people who don't realize that they only have to follow these laws because they fail to enact their constitutional rights. Statutory law also forces otherwise wise men and women to comply in order to take many jobs, or to conduct what should by rights be free trade.
