AAERT Certified Electronic Reporter (CER) Practice Test

Which type of law is derived from tradition?

1. Common Law

2. Statutory Law

3. Case Law

4. Administrative Law

The correct answer is: Common Law

Common Law is a legal system that has evolved over time, primarily through judicial decisions and the customs of the community. It is characterized by its development based on the precedents set in previous court cases, which are informed by societal norms and traditional practices. This system relies on the decisions of judges to interpret the law, incorporating the societal values and historical context from which the law emerges. The origins of Common Law can be traced back to England, where it was established as a body of unwritten laws based on legal precedents that emerged over centuries. Unlike statutory law, which is created via legislative bodies and composed of written statutes, Common Law reflects the customs and judicial rulings inherent to a society and is therefore deeply rooted in tradition. In contrast, statutory law consists of laws that are formally enacted by legislative bodies and documented in legal codes. Case Law is derived from court decisions, but it is an extension of Common Law principles rather than a separate category. Administrative Law regulates the activities of governmental agencies but does not stem from tradition in the same way that Common Law does.