What is the relationship between common law rights and statute?

Answer 1

Statute law refers to the laws that have been passed by the legislature and have been written down and 'codified' for use.

Common law refers to the laws that are more or less "that's the way it has always been done." Common law relies upon the body of history and prior cases to establish what the rules are, one of the reasons lawyers study past cases so much.

Some states have not codified murder, as the common law definition is more than adequate.

Answer 2

Answer,excellent question. Common law refers the body of law developed in England primarily from judicial decisions based on custom and precedent, unwritten in statute or code, and constituting the basis of the English legal system. Statutory law are laws that are derived from common law but changed in a way. Speeding is a statutory law obviously there was no speeding in England because lack of a car. Sometimes laws are changed due to the way society views them. For example, at common law a husband could not rape his wife. Rape is a crime against a person therefore a women who at the time was considered his property makes it legally impossible to prosecute a man for raping his wife. As time went states developed statues deriving from the original law. Until recently men could not be raped because it lacked the element of forced vaginal intercourse. Men are rarely products of rape because "an erection" validates consent... (BS) but that's the law in most cases. Men were typically victims of sodomy which doesn't involve force. Penetration into any hole in the body is considered sodomy consensual or not. anal sex, fellatio, ear, nose, you get the idea.

p.s. enjoy your criminal law class.

AnswerStatutes have been legislated, which means the government has discussed, argued and ultimately the majority of them have agreed upon what they wording and definition of what they want to regulate as well as set the punishment for anyone that violates that law.

Common law is more or less the history of how certain things have been handled in the past. As the courts change the way things are understood or interpretted, the common law changes.

Answer 3

Common laws is based on the historic definitions and the rulings of the court over the years. It applies until the point where a statute is passed that succeeds the common law definition.

Answer 4

The common law is based on past history. Codified or Statutory law has been passed by the law creating body, usually a legislature. If there is no law on the books, judges will look at history to determine what the ruling or definition should be.

Answer 5

Common Law Offenses are offenses are those acts which violate decisions made by Judges, through courts and similar venues, or decisions made in case law.

Statutory offenses are acts which violate laws or decisions made into laws passed by Legislative or Executive branches of the government.

Answer 6

Common-law rights are rights conferred by and in judicial decisions irrespective of a particular statute. Statutory rights are accorded by the legislature, subject to interpretation by the judiciary of the statute.

Answer 7

"Common law" refers to the law that evolves over time based on past customs and practices. A "statute" is a specific law that is passed by the government.

Answer 8

Statutory law comes from statutes that are passed from PARLIAMENT where as common law is the law that is made by Judges in COURT based on the concept of precedent.

Answer 9

Common law is based on precedents set in cases by judges etc. It is also based on traditions and changes over time. The US is a common law country. Statute law is based on written legal law.