| If there is one area that confuses people more when it | | | | to get into the answer, but the ultimate decision will be |
| comes to the law, it is the differentiation between | | | | based on how courts have interpreted multi-state |
| common law and statutory law as applied to civil | | | | issues through the years. This case will be interpreted |
| litigation and, really, the legal world as a whole. In this | | | | using previous published opinions so that there is |
| article, we take a stab and explaining the difference in | | | | consistency in the law. This is common law in a |
| a manner that is actually understandable. | | | | nutshell. |
| The first place to start is with a definition of each. | | | | Let’s consider a statutory law example. Medical |
| Ironically, it is also the easiest way to understand the | | | | malpractice is a leading personal injury claim. Doctors |
| differences. Common law is a collection of legal | | | | are complaining about the cost of malpractice |
| precedents that are decided by a court. Statutory law | | | | insurance, arguing that it is making it nearly impossible |
| is a collection of hard and fast laws that are created | | | | to practice medicine. The legislature agrees and |
| by a legislative body and signed into law by an | | | | passes a law that states any judgment in a medical |
| executive branch. A couple of examples can help | | | | malpractice case will be capped at a maximum of |
| explain each. | | | | $750,000. When signed by an executive branch leader |
| Let’s say I sign a contract with another party to | | | | [Governor or President], this becomes statutory law |
| deliver me a certain number of products at a certain | | | | and the courts must follow it. |
| price. We get into a dispute. I sue to enforce the | | | | Both types of law are susceptible to review by |
| agreement. I am in California, the other party is in | | | | appellate courts and, eventually, state Supreme Courts |
| Arizona, the products are actually made in China and | | | | or the Federal Supreme Court. If said courts find the |
| they are stored in a dock warehouse in Seattle, | | | | laws unconstitutional, they will invalidate them. Of the |
| Washington. Where should the litigation be filed? The | | | | two, statutory law is successfully challenged the most. |
| issue involves a question of jurisdiction. I’m not going | | | | |