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.
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.
Answered on 2/12/09, 4:43 pm
Antoinette Wooten
The Wooten Legal Consulting, PC
Re: statutory law
We would need more details.
Answered on 2/12/09, 7:59 pm
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