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.


Asked on 9/20/04, 9:14 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

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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Answered on 9/21/04, 9:22 am


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