What is the definition of common law?

Prepare for the SACE Stage 2 Legal Studies Exam. Study with flashcards and multiple choice questions, each with hints and explanations. Ace your exam!

Multiple Choice

What is the definition of common law?

Explanation:
The definition of common law refers to law developed through judicial decisions rather than through legislative statutes. This body of law arises from the precedents established by the outcomes of previous court cases, which judges must follow when making determinations in similar cases. This principle of relying on precedent ensures consistency and predictability in the law, allowing courts to interpret and apply legal principles over time. In contrast to legislative statutes, which are enacted by formal legislative bodies, common law evolves organically through the interpretations of the judiciary. It is a significant part of many legal systems, particularly in countries influenced by English common law traditions. This characteristic of being judge-made law distinguishes it from statutes or laws created through direct democracy or federal commands.

The definition of common law refers to law developed through judicial decisions rather than through legislative statutes. This body of law arises from the precedents established by the outcomes of previous court cases, which judges must follow when making determinations in similar cases. This principle of relying on precedent ensures consistency and predictability in the law, allowing courts to interpret and apply legal principles over time.

In contrast to legislative statutes, which are enacted by formal legislative bodies, common law evolves organically through the interpretations of the judiciary. It is a significant part of many legal systems, particularly in countries influenced by English common law traditions. This characteristic of being judge-made law distinguishes it from statutes or laws created through direct democracy or federal commands.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy