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Business Law 12th Edition by Frank Cross Kenneth Clarkson, Roger LeRoy Miller
Edition 12ISBN: 978-1133046783Business Law 12th Edition by Frank Cross Kenneth Clarkson, Roger LeRoy Miller
Edition 12ISBN: 978-1133046783 Exercise 1
Sources of Law How does statutory law come into existence How does it differ from the common law
Explanation
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Sources of law:
Statutory law consists of laws enacted by legislative bodies at any level of government, from Congress to municipal governing units. Case law and common law doctrines, which originated in medieval England, are judge-made law.
Even in statutory law cases, judges still make decisions based on their interpretations of the statute. When interpreting a particular statute, a court may refer to the common law origins as a guide to determine what legislators intended. Thus, a judge, who is "making" common law, is bound by a statute (although judges may have different reasoning in applying the statute differently.)
For instance, State X has a statute that all domesticated animals be micro chipped for identification purposes. Joe is ticketed because his dog and pet lion do not have a microchip.
According to the statute, Joe will certainly have to pay the ticket regarding his pet dog, as dogs have a long history of domestication.
However, if Joe contests the ticket for his pet lion, a judge may have the flexibility to determine whether a pet lion is truly a domesticated animal. The judge may find that the broad category of "animals" would include any creature kept as a pet, in which case the ticket would stand.
But if the judge interprets the statute and finds that lions do not fall into the domesticated animals' category because lions can never be fully domesticated, then Joe would not have to pay the second ticket.
Statutory law consists of laws enacted by legislative bodies at any level of government, from Congress to municipal governing units. Case law and common law doctrines, which originated in medieval England, are judge-made law.
Even in statutory law cases, judges still make decisions based on their interpretations of the statute. When interpreting a particular statute, a court may refer to the common law origins as a guide to determine what legislators intended. Thus, a judge, who is "making" common law, is bound by a statute (although judges may have different reasoning in applying the statute differently.)
For instance, State X has a statute that all domesticated animals be micro chipped for identification purposes. Joe is ticketed because his dog and pet lion do not have a microchip.
According to the statute, Joe will certainly have to pay the ticket regarding his pet dog, as dogs have a long history of domestication.
However, if Joe contests the ticket for his pet lion, a judge may have the flexibility to determine whether a pet lion is truly a domesticated animal. The judge may find that the broad category of "animals" would include any creature kept as a pet, in which case the ticket would stand.
But if the judge interprets the statute and finds that lions do not fall into the domesticated animals' category because lions can never be fully domesticated, then Joe would not have to pay the second ticket.
Business Law 12th Edition by Frank Cross Kenneth Clarkson, Roger LeRoy Miller
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