What is the Difference Between Case Law and Statutory Law?
- Daniel An
- Jul 9
- 2 min read
Case law and statutory law are two fundamental sources of law, but they differ in how they are created and how they evolve. Statutory law is written law enacted by a legislative body, while case law is developed through judicial decisions and interpretations of statutes or regulations. Essentially, one is created by legislatures, the other by courts.
Statutory Law
Creation:
Statutory law is created by legislatures (e.g., Congress, state legislatures) through the process of drafting, debating, and enacting laws.
Form:
These laws are written and codified, meaning they are organized and published in collections of statutes or codes.
Nature:
Statutory law is generally more rigid and can only be changed through the formal legislative process.
Examples:
Traffic laws, criminal codes, and tax laws are examples of statutory law.
Case Law
Creation:
Case law, also known as common law, emerges from court decisions, particularly those of appellate courts.
Form:
Case law is not written in a single code but rather exists as a body of judicial opinions and precedents.
Nature:
Case law is more flexible and can evolve over time as courts interpret and apply existing laws to new situations.
Stare Decisis:
The principle of "let the decision stand" (stare decisis) binds courts to follow precedents set by higher courts in similar cases.
Examples:
A court's interpretation of a contract term in a specific case can become part of case law, influencing future interpretations.
Key Differences
Source:
Statutory law originates from legislatures, while case law originates from judicial decisions.
Form:
Statutory law is written and codified, while case law is found in court opinions.
Flexibility:
Case law is more flexible and can adapt to changing circumstances, while statutory law is more rigid and requires legislative action to change.
Binding Authority:
Statutory law generally has greater binding authority than case law, but case law can clarify and interpret statutory law.
Relationship
Statutory law and case law often interact. Courts interpret statutes and apply them to specific cases, creating case law that further clarifies the meaning and application of the statute. In some cases, a statute may be ambiguous, and the court's interpretation becomes the prevailing understanding of that statute.
In essence, statutory law provides the framework, while case law provides the flesh and blood, shaping how those laws are applied and understood in practice.
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