AAERT Certified Electronic Reporter (CER) Practice Test

Common law is primarily considered what type of law?

1. Obvious law

2. Statutory law

3. Judge-made law

4. Constitutional law

The correct answer is: Judge-made law

Common law is primarily considered judge-made law because it originates from the decisions made by judges in individual cases rather than from legislative statutes or written laws. Over time, these judicial decisions create precedents that guide future case law, allowing the legal principles to evolve based on specific circumstances and interpretations by the courts. This form of law is characterized by its reliance on judicial rulings and the principle of stare decisis, where past decisions are followed in similar future cases. As judges apply existing legal principles to new facts, they contribute to the development of common law, shaping the legal landscape based on judicial reasoning and interpretation. The other types of law mentioned, such as statutory law and constitutional law, are created through specific governmental processes and do not develop from judicial interpretations over time. Therefore, the classification of common law as judge-made law accurately reflects its nature and origin in the legal system.