Legal Question in Business Law in New York

statutory law

between statutory law and common law, which one would govern?


Asked on 2/12/09, 11:20 am

3 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: statutory law

The US Constitution governs all. The State Constitution is next. Statute is next. Commonlaw is last.

Mike.

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Answered on 2/12/09, 11:26 am
Sarah Klug Law Office of Sarah Scova Klug PLLC

Re: statutory law

Mr. Markowitz is correct. However, I was looking at your question as a trademark attorney. If a person has a common law trademark, it is just as valid as a registered trademark depending upon the circumstances. So, in order to answer your question more adequately, you may need to give more details.

Also (just to muddy the waters a little more!) statutory law is interpretted by the courts. Therefore, case law must also be considered when deciding a question of law.

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Answered on 2/12/09, 4:43 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: statutory law

We would need more details.

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Answered on 2/12/09, 7:59 pm


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