Question

What are the key differences between Common Law and Statute Law?

Answer 1

The key differences between Common Law and Statute Law are as follows:

1. Common law, also known as case law is a legal system where decision made by the judges in the past forms a basis for likely cases in future. Whereas, statute law is a formal written law made by legislative body and regulates the behavior of the members.
2. Common law instructs, what decision must be made in a case. However, the statute law describes the best governing rules of the society.
3. Common law believes on the recorded judicial precedent which means that the judges will take into account the relevant facts and evidences of the case but also look for prior decisions made by the court in likely cases in the past. But, statute law is based on the statutes enacted and developed by the legislative body of the country.
4. Common law is a procedural law, as it consists of the set of rules which regulates the court proceedings in various lawsuit. While, statute law is substantive in nature, which means that it imposes the rights and duties of the citizens, along with punishment for non-compliance of rules.
5. Common law can be changed by statute law, but to amend the statute law, a separate statute must be imposed.