Legal Question in Civil Rights Law in New York
what the difference between common law and statuory law
what the difference between common law and statuory law.
1 Answer from Attorneys
Re: what the difference between common law and statuory law
The common law is the law as it evolved under English law which was incorporated into the United States when the colonists settled it. Iti s based entirely on judicial interpretation of precedent. If there is no written statute pertaining to a matter addressed under common law, the common law is the prevailing law on the particular subject.
Statutory law is codified. It is the rules created by a legislative body and enacted and enforced by an exceutive body. Often Statutory law is a codified version of common law, but sometimes statutes have altered or entirely contradicted the common law. In such cirtcumstances where statutes are at odds with common law, the statutory interpretation prevails.
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