What's the difference between Law and Case Law?

  1. Keri Summers profile image83
    Keri Summersposted 5 years ago

    What's the difference between Law and Case Law?

  2. ayrica29 profile image65
    ayrica29posted 5 years ago

    Case law is based off of the outcome of previous cases and law is an offical enactment by the government.

  3. Charles James profile image78
    Charles Jamesposted 5 years ago

    Black letter law is statutes, acts, regulations etcetera where the government has stated what the law is.

    Case law arises from cases about the meaning of acts, regulations and also situations where there is no written law or the written law has missed out this problem. The inherent power of the court or of the government will always be case law.

    Common law in the UK deals with situations where there was no legislation but judges had to make decisions. It notionally dates back to the 12th century.

    Sometimes textbooks and legal articles are quoted in court to help the judge decide. A young barrister quoted to Lord Megarry from a textbook Megarry had written. Megarry's answer was "I rather think that passage will be revised in the next edition."