What is the distinction between statutory and case law?

Statutory law and case law are two distinct legal principles that affect how laws are interpreted in the state of Maryland. Statutory law is written legislation that is passed by a state legislature or Congress. This type of law is usually very specific and is what most people think of when discussing the law. Statutory law can refer to laws that have been passed by the legislature within the past year, or it can refer to laws that have been in existence for many years. Case law, on the other hand, is based on decisions made by judges in the court system. It is sometimes referred to as “common law” because it is based on the decisions of previous judges. Generally, when a judge hands down a decision in a particular case, the decision becomes binding in subsequent cases involving similar facts and issues. In many instances, the decisions of the judges will become a kind of informal policy that will be followed in similar cases. The distinction between statutory and case law is important for law students and attorneys to understand because it will affect how they interpret laws and how they argue cases in court. Statutory law will generally be more formal and predictable, while case law may be more open to interpretation and can depend largely on how a particular judge views the issues in a case.

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