28 Sep Common Law vs. Statutory Law—What’s the Difference?
There are two main types of law within our legal system: common law and statutory law. Both set standards of acceptable behavior and justice for citizens and the government. And while they’re both essential to how our legal system functions, they come from very different origins—and they’re applied in very different ways.
Understanding the difference between common law vs statutory law can help you better understand your rights.
What Is Common Law?
Also known as “case law,” common law is uncodified—it’s not written out in statutes or books. Instead, common law is based on precedent, which means it depends on judicial rulings from prior cases.
These historical rulings from federal, state, or local courts set the precedent for future legal decisions. Sometimes, judgments that establish a new precedent can even turn into a new law. One well-known example is common-law marriage, which recognizes couples who meet certain criteria as legally married even without a formal ceremony or license.
Common law is essentially a documented collection of previous case precedents. If you’ve ever heard a lawyer argue in court that a ruling “has precedent” or does not, they’re referencing common law.
One of the benefits of common law is that it promotes consistency. When a higher court sets a precedent, lower courts are legally bound to follow it. That way, the same types of cases are typically judged the same way.
However, if a lower court believes the precedent is outdated or not applicable to the current case, it may deviate or modify the precedent.
What Is Statutory Law?
The primary distinction between common law vs statutory law is that statutory law is codified. This means it’s written down and formally passed by a legislative body at the local, state, or federal level.
Statutory law is also sometimes called “civil law,” and it’s much more rigid in its application. In general, a statute means exactly what it says. Judges apply the law as written, without relying on past cases to interpret it.
Examples of statutory law include:
- Traffic laws, like driving on a suspended license
- Drug laws, such as those that regulate drug possession
Although it is written into law, statutory law is still subject to change. Later legislatures can overturn, modify, or update statutes, especially if they’re found to be unconstitutional. Some statutes are even written with an expiration date and must be renewed if still deemed necessary.
In this way, statutory law is both strict and adaptable, ensuring that the law remains relevant to the people it governs.
Key Differences Between Common and Statutory Law
Here’s a simplified breakdown of the main distinctions:
- Origin
- Common law is based on judicial precedent.
- Statutory law is created by legislative bodies.
- Format
- Common law is unwritten and based on case decisions.
- Statutory law is written and codified.
- Interpretation
- Common law is interpretive and evolves through court decisions.
- Statutory law is applied as written and tends to be more rigid.
- Examples
- Common law: common-law marriage
- Statutory law: drug possession laws
- Flexibility
- Common law can be reinterpreted by judges.
- Statutory law can be amended or repealed by lawmakers.
Why It Matters: Common Law vs Statutory Law in Criminal Defense
When it comes to criminal cases, understanding both types of law is vital. A skilled attorney will not only know what the statute says, but also how precedent may influence your case’s outcome.
For example, if the statute seems clear but previous cases have interpreted it differently, those rulings could affect sentencing, defenses, or even whether the charges hold up in court.
Whether a case is governed more heavily by statutory or common law often depends on the nature of the crime, and your defense attorney’s ability to apply both types of law strategically could make all the difference.
Talk to a Criminal Defense Attorney in Phoenix
Todd Coolidge, a respected criminal defense attorney in Phoenix, has a deep understanding of both common law and statutory law. At Coolidge Law Firm, we carefully research case law and statutory language to build the strongest possible defense for our clients.
If you’ve been charged with a crime and need an experienced legal advocate who understands how the law works in practice, not just on paper, contact us today to schedule your consultation.
Images used under creative commons license – commercial use (8/8/2023). Photo by Giammarco Boscaro on Unsplash