The legislative branch
creates laws (“statutes”) that are passed and published as statutes. The judicial branch creates law in the form of decisions, also called “opinions” and “cases,” that are published in case reporters. Judges create and shape the “common law.”
Who creates statutory law?
Statutory law in the United States consists of the laws passed
by the legislature
. For the federal government, then, the statutory law is the acts passed by the United States Congress.
Which branch of government writes statutory law?
Statutory law is created and passed by
the legislative branch
of the government. It is specifically written law, also known as statutes.
What is statutory law example?
A police officer pulls you over, and you are given a citation for violating the speed limit.
You have broken a vehicle and traffic law
. This law is established by legislature as a statute, or a law that is formally written and enacted. As a result, the law you broke was a statutory law.
What are the two types of statutory law?
View all notes statutory law within a legal order can appear in three different forms:
(1) written formal law, (2) law for the community and (3) non-public law
.
What is the difference between case law and statutory law?
Case law is law that is
based on judicial decisions
rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.
What is the difference between common law and statutory law?
Common Law is law made by Judges; Statutory Law is made by Legislatures
. Common Law: By reading many decisions of the same kind, a lawyer could see how a law developed and how to apply that law to the facts of the case presented to the judge. …
What is the difference between constitutional law and statutory law?
Statutory law is inferior to constitutional law
, which means that a statute cannot conflict with or attempt to supersede constitutional rights. If a conflict exists between constitutional and statutory law, the courts must resolve the conflict.
Why is statutory law important?
Laws are rules that are passed down by a controlling authority that have binding legal force and carry consequences of punishment if they are not followed. Their purpose is
to promote justice and prevent harm
. When all of the laws are taken together, they are collectively known as statutory law.
What is difference between law and statute?
A statute is a law passed by a legislature; and
statutory law
is the body of law resulting from statutes. A statute—or the statutory law—may also be referred to as legislation. … This is not true of common law, which is also known as “unwritten law, because it’s not collected in a single source.
How statutory and common law is applied?
Common law is
made by judges in a court
, using precedent – decisions made in previous similar cases – to decide how they will judge a case before them. … If no statute law applies to cover a particular situation, common law will apply; however, statute law always overrides common law.
What are the four types of statutory law?
These four sources of law are
the United States Constitution, federal and state statutes, administrative regulations, and case law
.
What is an act of commission?
Acts of commission
occur when individuals initiate some course of action
. In contrast, in some instances social workers decide to not take proactive steps to resolve an ethical dilemma—acts of omission.
Is the law constitutional?
When laws, procedures, or acts directly violate the constitution,
they are unconstitutional
. All others are considered constitutional until challenged and declared otherwise, typically by the courts using judicial review.
What is another name for case law?
precedent
; common law; case law.
Is statute law higher than common law?
Common law is built up out of
precedent
. Statutes are made by the Parliament, which is the supreme lawgiver, and the judges must follow statutes
1
.
