What is the distinction between statutory and case law?
The distinction between statutory and case law in Washington is a fundamental concept of jurisprudence. Statutory law is created by the legislature-- state and federal-- and is codified in various sections of the official state and federal codes. This kind of law binds citizens across the state and is enforced by the court system. Case law, on the other hand, is derived through the court system in the form of judicial opinions. Judges interpret the statutory law when adjudicating disputes and in the process craft common law, which is the case law. In Washington, case law is largely created by the Washington State Supreme Court and the United States Supreme Court. In the event of a disagreement over an interpretation of the law, courts of lower jurisdiction-- such as the state trial court-- must follow the rulings of the higher courts. Any inconsistency with the statutory law must be remedied through the legislative process. The effect of case law is that it can change or create new laws or interpretations that go beyond the statutory laws. It also becomes binding in Washington, so citizens are obligated to follow the law even if it has not been passed by the legislature. Maintaining the distinction between statutory and case law is essential in understanding how the courts can interact with the legislature in creating laws and shaping the legal landscape.
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