Difference Between Common Law and Statute Law

Main difference

Both common law and statute collectively led the basis of the law of a particular country and state. Common law and statute are two different types of laws that collaborate with each other and are simultaneously followed in the state of the country. The basic difference between these two types of laws is that common law refers to the law made by judges during any trial in court. Common law is the law that is based on court decisions, while statutory law refers to the legislative law made by the member of parliament and the committees of the upper house. Statute law is the legal body of law law of the country, and is in written form, while customary law is not usually in written form.

Comparison chart

common law statutory law
Definition Common law is the type of verbal law that a judge proposes while hearing a case in court. Statute law is the type of written law that is developed by legislation and members of the assembly.
Also know as law case written law
Developed by Judicial Legislation or Parliament
Dependence Independent. Sometimes it depends on common law.
Nature Instructive Mandatory

What is common law?

The Common Law is the type of law that is developed and proposed by the judge or the judicial system as a whole, while the way in a court regarding any illegal activity, the judgment was passed by the judiciary is based on the common law. Common law is also known as case law, as it describes the nature of the case. The body of common law was first developed in the 13th century in England, and from then until the present time, it is followed. England is the country with the best established and defined judicial system and legislation in the world. The common law is the body of law that refers to the decisions made by the Judiciary regarding the cases they face in court. The court decides on the law in each particular case with respect to all past cases relevant to that and to define the exact and clear meaning of the law followed in any of the particular cases. In different countries of the world, customary law is often followed, but not in its pure form. The pure common law form is followed by the UK, Australia and some European countries. Other countries in the world follow the form of customary law, but mix it with their native law or religious law, such as Jewish law or Islamic law (Muslim law). It is an independent legal body with influence on other legal bodies. customary law is often followed, but not in its pure form. The pure common law form is followed by the UK, Australia and some European countries. Other countries in the world follow the form of customary law, but mix it with their native law or religious law, such as Jewish law or Islamic law (Muslim law). It is an independent legal body with influence on other legal bodies. customary law is often followed, but not in its pure form. The pure common law form is followed by the UK, Australia and some European countries. Other countries in the world follow the form of customary law, but mix it with their native law or religious law, such as Jewish law or Islamic law (Muslim law). It is an independent legal body with influence on other legal bodies.

What is Statutory Law?

The statute of law is a kind of legal body that refers to the particular law of a country or state defined by its legislation or parliament. In some part of the world, it is more commonly known as Constitution. It is the legal body that defines the entire systematic legal structure of the country or state. It is totally different from common law. There is no such type of participation of the judiciary in the elaboration of laws. Statutory law is also known as written law as it is always present in written form. Some statutes of particular countries are even kept in the form of written books. Parliament legislation makes all amendments to the law. And changes are also made in written form. Legislative assemblies and parliaments of a particular country form or make the law as part of the basic legal body of the country, such type of law falls under the category of statutory law. Statute law is a form of private law of any particular country or state. It is formed by the passage of a bill in the upper and lower houses of parliaments that is accepted by a majority of the members of the assembly or legislation. In some rare cases around the world, statutory law is influenced by common law. It can depend on customary law, but it cannot be against or conflict with customary law in any case. It is formed by the passage of a bill in the upper and lower houses of parliaments that is accepted by a majority of the members of the assembly or legislation. In some rare cases around the world, statutory law is influenced by common law. It can depend on customary law, but it cannot be against or conflict with customary law in any case. It is formed by the passage of a bill in the upper and lower houses of parliaments that is accepted by a majority of the members of the assembly or legislation. In some rare cases around the world, statutory law is influenced by common law. It may depend on customary law,

Common Law vs. Statute Law

  • The Common Law is the legal body formed by the judiciary of a country or state.
  • The statute of law is the legal system of the country formed by legislation.
  • Common law is the law made by judges regarding all specific cases heard in court.
  • Statute law is the law accepted by the majority of legislators or members of parliament.
  • Common law is also known as case law.
  • The statute is also known as the writ
  • Common law is instructive by nature.
  • Statutory law is prescriptive in nature.
  • The common law also influences other legal bodies.

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