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Is Statutory law the highest form of law?

In many legal systems, constitutional law is considered to be the highest form of law because it sets the framework for all other laws, including statutory law. Statutory law refers to laws passed by a legislative body, while constitutional law refers to the fundamental principles and rules outlined in the constitution.


Is statutory law based on the customs of the people and is found in court opinions?

Statutory law is created by legislatures, not based on customs, and is drafted in the form of statutes or codes. Court opinions, on the other hand, interpret and apply statutory law to specific cases.


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.


Statutory law is to legislative bodies as common law is to?

ANSWER: courts


What are the fundamental differences between the two sources of law?

The fundamental difference between statutory law and common law is their source of authority. Statutory law is created and enacted by legislative bodies, such as parliaments or congresses, while common law is developed by judges through their decisions in court cases. Statutory law is often codified in written statutes, while common law is based on precedent and past court decisions.

Related Questions

What is the meaning of statutory and regulatory framework for financial accounting?

Statutory means it is required by Law. Regulatory means it is required my regulatory bodies such as the FSA in Great Britain and Northern Ireland.


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).


How does statutory law come into existence?

Because the laws are originally from bills that were approved into laws which is a act of statutory the laws are derived from statutory laws. (I law must first be approved before first passed as a law so it's origin is in the regulatory process which deals with statutory laws and veto's)


What is the difference between statutory and regulatory requirements?

Organizations must comply with statutory requirements by law. Whereas regulatory requirements may or may not have been legally set forth. They are generally used to manage or control an activity.


What the difference between statutory and non statutory bodies?

A statutory body deals with written law; non-statutory deals with implied law.


What is a staturity law?

A statutory law is a written law enacted by a legislative body, such as a parliament or congress. It is distinguished from common law, which is developed through judicial decisions and precedents. Statutory laws are codified in legal codes and can cover a wide range of issues, including criminal law, civil rights, and regulatory matters. They provide clear guidelines and rules that govern the behavior of individuals and entities within a jurisdiction.


What the definition of a statutory felony?

There is not a definition for the term statutory felony. Statutory law however, refers to law put in place by a legislative office.


Does statutory law override consitutional law?

No.


What is statutory elaboration?

Statutory elaboration refers to the process by which lawmakers or regulatory bodies provide detailed explanations, interpretations, or guidelines related to the application of statutes. This can involve creating rules or regulations that clarify how a law should be implemented, often addressing ambiguities or filling in gaps within the statutory text. Such elaboration helps ensure consistent application and understanding of the law, ultimately guiding both legal practitioners and the public.


Do both the state and the federal governments create statutory law?

The state and the federal governments create statutory law.


Is there a difference between statutory law and blackletter law?

AnswerAccording to Black's Law Dictionary, blackletter lawrefers to one or more legal principles that are old, fundamental, and well settled. Many of those principles have been codified in statutory law. Although laws are sometimes stricken as unconstitutional, most statutory law is well settled so blackletter law could be used to refer to statutory law although it has a broader meaning than just statutory law.


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.