What is the distinction between common law and statutory law?
Common law and statutory law are two distinct types of law that exist in the state of Texas. Common law is a form of law that is based on tradition and is largely based on prior court decisions, whereas statutory law is based on open statutes and codes that have been established by state and federal legislatures. Common law is typically used when deciding disputes and administering justice in certain civil matters. Common law is based on the idea that previous decisions should guide how current disputes are resolved. Common law is often referred to as the "rule of precedents," which means prior court decisions should serve as a guide for judges when deciding current cases. Statutory law, on the other hand, is a type of law that is based on actual statutes and codes, and is often referred to as "positive law" because it provides legislators with the statutory framework for making laws. Statutory law is created by the legislature and, unlike common law, is open for public interpretation. In many cases, statutory laws can be challenged and amended by the public. In Texas, common law and statutory law are both used in business transaction law, and each has its own advantages and disadvantages. Common law can be more efficient when it comes to quickly resolving disputes, but it relies heavily on prior court decisions which can be difficult to interpret. Statutory law, on the other hand, is typically more open and can be more easily interpreted by the public, which allows citizens to have more influence in the lawmaking process.
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