AAERT Certified Electronic Reporter (CER) Practice Test

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Torts are typically categorized as what type of law?

  1. Case Law

  2. Statutory Law

  3. Common Law

  4. Regulatory Law

The correct answer is: Common Law

Torts are typically categorized as common law because they originate from judicial decisions and legal precedents rather than from statutes or regulations. Common law is developed through the rulings of courts and is based on case law, where similar cases are judged according to established legal principles. Torts, which involve civil wrongs that cause harm or loss to individuals, have evolved through this system. Judges interpret and apply the law in tort cases based on historical decisions, making it a core aspect of common law. In contrast, statutory law originates from legislative bodies that create written laws, whereas regulatory law pertains to rules created by governmental agencies to enforce statutes. Case law overlaps with common law as it also develops from court decisions, but specifically refers to judicial interpretations in this context. This clarifies the essential categorization of tort law within the framework of common law.