A particular case, left unprovided for by statute, must be disposed of according to the law as it existed prior to such statute.

Explanation

(English-origin maxim.) When a statute fails to address a particular case, the pre-existing law governs — the silence of the legislature does not create a void but leaves the matter to the law as it stood before the statute.

Where this applies

• A new cybercrime statute does not address a specific type of online fraud, so the court applies the pre-existing common-law fraud principles to resolve the case.
• A recently enacted traffic law does not cover electric scooters, so courts apply the older vehicle-code provisions that existed before the new statute.
• A state passes a new business-licensing law that says nothing about home-based businesses, so the prior law governing home businesses continues to apply.