What is the distinction between statutory and case law?

The distinction between statutory law and case law is an important one to understand in Indiana jurisprudence. Statutory law is the body of laws passed by legislatures, or other governing bodies, such as city council. These laws, written by elected officials, are codified, or put into writing, such as Indiana’s Code of Laws. Statutory law applies to everyone in the state, regardless of individual circumstances. Case law, on the other hand, is created by judges as a result of a dispute between two parties that is brought before them. When a judge renders a decision, it helps to provide legal precedent for other disputes with similar facts. This means that judges interpret laws, decide how they’re applied, and resolve disputes based on their own interpretation of the law. This interpretation is known as case law and becomes part of the overall jurisprudence of the state. Essentially, statutory law is the written law while case law is law based on judge’s decisions. For this reason, case law is not always consistent across states and relies on each specific judge’s interpretation. This makes it very difficult to predict outcomes in legal disputes. In Indiana, both statutory and case law are important parts of the jurisprudential system and both serve to keep legal disputes fair and in line with the laws of the state.

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