Statutory Law: Civil Cases And Their Applications

There are two main types of law within the legal system: common law and statutory law. Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Statutory law, on the other hand, is based on current statutes (written laws) enacted by a legislative body. While common law relies on past judicial opinions, statutory law is strict in its application and is not subject to the same interpretation. So, how does this apply to civil cases? Civil cases often involve disputes between private individuals or organizations, and the laws applied will depend on the specific jurisdiction and the nature of the case. Common law is generally used in common law countries, such as the United States, United Kingdom, and Canada, where judicial decisions are based on precedents. Statutory law, on the other hand, is created by legislative bodies and is applicable in civil cases where specific statutes or written laws are relevant to the dispute.

Statutory law vs common law

Statutory law and common law are the two main types of law within the legal system, and both are essential components of the system. They each have different origins and applications, and understanding the differences between the two can help people better understand their rights.

Common Law

Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. It draws from institutionalized opinions and interpretations from judicial authorities and public juries. It relies on detailed records of similar situations and statutes because there is no official legal code that can be applied to a case. Each precedent set by a higher court is binding in lower courts. However, if a lower court feels that the precedent is outdated or not relevant to the case at hand, they can choose to deviate from it or modify it. Common law is generated through court decisions and promotes a consistent interpretation of the law. Common law is by far the most widely based on judgments made in the past over hundreds of years.

Statutory Law

Statutory law, also known as civil law, is written law passed by the legislature and government of a country and accepted by society. It is based on current statutes and is strict in its application. Statutory laws are already written and simply need to be applied to specific cases. They are developed by the government and are organized and codified into law codes. They are flexible and can be overturned or changed if a later legislative body finds them unconstitutional. Statutory laws can be passed by various government agencies, including federal and state governments, and ordinances passed by towns and cities.

Interaction

Statutory law and common law interact and can create confusion when precedent offers a different conclusion than the law codified in legislation. Statutory law can also codify common law without displacing it.

How statutory law is created

Statutory law, also known as civil law, is created when an act of the legislature is signed by the executive. In the US, federal statutory laws are passed by Congress and signed by the President. State laws, on the other hand, are passed by the state legislature and signed by the state governor.

The process of creating a law starts with a bill or resolution introduced in a chamber of Congress and referred to a committee. The committee then holds hearings and recommends passage before it goes to the Senate and House for reports. After this, the President signs or vetoes the bill. If the President vetoes, Congress can override the veto with a two-thirds majority of votes. Once a bill is passed by Congress and signed by the President, it becomes a Public Law.

Public laws are first published as slip laws and are then bound into the Statutes at Large, which are laws bound in the order they were passed. Eventually, the laws are organised by subject, indexed, and published in the United States Code. The Code is made up of 50 separately numbered titles, each containing laws relating to a specific subject. This enables researchers to find the law they are looking for without needing to know when it was passed.

How statutory law is applied

Statutory law, also known as civil law, is a type of law based on current statutes (written laws) that are passed by the legislative branch of the government. It is one of the two main types of law within the legal system, the other being common law. Statutory laws are created and passed by legislators, and they are distinguished from case law or precedent, which is decided by courts, and regulatory law, which is established by executive agencies.

Statutory law is applied through the following process:

Creation and Passage of Statutory Law

Statutory laws are created and passed by the legislative branch of the government. This typically involves a legislative body first proposing a bill, which is then voted on. If the bill does not pass, it can be amended and then voted on again. If it passes, it is sent to the executive branch, which can either pass the law or veto it. In the United States, this means the bill is sent to the President or a state governor for approval. If vetoed, the legislative body can override the veto with a supermajority vote.

Interpretation and Enforcement by the Judicial Branch

Once a statutory law is created, it is up to the judicial branch to interpret and enforce it by applying it to court cases. Judges interpret the law and determine how it should be applied in specific cases. This may involve lawyers arguing over how to interpret the law and sometimes challenging the definition of the law itself.

Publication and Organization of Statutory Law

Newly enacted statutes are published and distributed so that they are accessible to the public. This can be done through government gazettes or a series of books containing legislative acts. These statutes are typically published in chronological order based on the date of enactment.

Codification of Statutory Law

To address the challenge of organizing published statutes, many countries adopt a system of codification. This involves organizing existing statutory laws into topical arrangements or codes and ensuring that new statutes are drafted in a way that adds, amends, or repeals sections of the code. This helps to ensure that the code reflects the current cumulative state of statutory law in that jurisdiction.

Application to Specific Cases

Statutory laws are applied to specific cases by judges, who interpret the law and determine how it should be applied to the facts of the case at hand. This may involve considering the specific wording of the law, as statutory laws are precisely written and leave little room for interpretation.

The flexibility of statutory law

Statutory law, also known as civil law, is a codified set of legal statutes created by legislators. It is based on current statutes (written laws) and is strict in its application. However, it is also flexible, as it is subject to change or be overturned if a later legislative body finds it outdated, irrelevant, or unconstitutional. This flexibility ensures that statutory law remains relevant and reasonable to the people it protects and regulates.

Statutory law differs from common law, which is uncodified and based on past precedents and judicial opinions. Common law, also known as case law, relies on the detailed facts of previous legal cases and the precedents they set. While it draws from institutionalized opinions and interpretations from judicial authorities and public juries, it allows for some freedom in interpretation. This flexibility is particularly evident in the ability of lower courts to deviate or modify precedents set by higher courts if they are deemed outdated or not relevant to the case at hand.

While statutory law provides a foundation for consistent behavior and justice, its flexibility allows for necessary changes to be made. This adaptability ensures that the law remains relevant and effective, protecting the rights and interests of citizens while also allowing for societal growth and evolution. The flexibility of statutory law is a key feature that contributes to the overall fairness and effectiveness of the legal system.

Statutory law in civil cases vs criminal cases

Civil cases usually involve private disputes between persons or organisations, whereas criminal cases involve an action considered harmful to society as a whole. The defendant in a criminal case commits an offence against the "state" or "the people".

Statutory law, also known as civil law, is based on current statutes (written laws) passed on a local, state, or federal level. It is strict in its application and is not subject to the same interpretation as common law. Statutory law is flexible, however, in that it can be overturned or changed if a later legislative body finds it unconstitutional. Some statutes may even be designed to expire every few years.

Statutory law applies in both civil and criminal cases. In a civil case, a plaintiff may claim that a defendant has breached a civil duty or been negligent in some way. In a criminal case, the defendant is facing a loss of liberty, so there is a higher standard of proof.

Some acts are both civil and criminal. For example, the intentional tort of assault and battery can also be the crime of assault and battery. In such cases, a plaintiff would usually file the intentional tort action because the battery did not rise to the level of a criminal assault.

Criminal acts frequently give rise to civil liability. For example, defendants charged and convicted of homicide are often sued for wrongful death after the criminal trial ends.

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