Court Reporter Practice Exam

Which statement best describes "common law"?

1. A law established by legislative acts

2. A system of law based on judicial decisions

3. A set of laws determined by local governments

4. A method of enforcing statutory law

The correct answer is: A system of law based on judicial decisions

The definition of "common law" is accurately captured by the statement that it is a system of law based on judicial decisions. Common law evolves from the judgments and precedents set forth by courts over time, rather than being codified through legislative statutes or local ordinances. This means that the legal principles established in earlier court rulings guide future cases, creating a body of law that responds to the specifics of varied situations. In contrast, laws established by legislative acts refer to statutory law, which is formally written and enacted by governmental bodies. The statement about a set of laws determined by local governments typically relates to local ordinances rather than the overarching principle of common law. Lastly, while enforcing statutory law is crucial within the legal framework, it does not describe the essence of common law, which relies on judicial interpretation rather than formal enaction or enforcement procedures. Therefore, the description of common law as based on judicial decisions is the most accurate representation of its nature and function.