Court Reporter Practice Exam

What distinguishes "common law" from statutory law?

1. Common law is based on judicial precedents

2. Statutory law does not require evidence

3. Common law is established by state legislatures

4. Statutory law is based on historical cases

The correct answer is: Common law is based on judicial precedents

The distinction between common law and statutory law is fundamentally rooted in the sources from which each derives its authority. Common law is based on judicial precedents, which means it evolves from the decisions made by courts over time. These judicial rulings create a body of law that guides future cases with similar circumstances, helping ensure consistency and predictability in legal outcomes. Judges interpret laws and their rulings become part of the legal framework, forming a basis for further decisions. This reliance on historical judicial decisions signifies the importance of judicial interpretation in shaping the law as society changes. In contrast, statutory law is created by legislative bodies, such as state legislatures or Congress, which enact statutes intended to address specific issues or needs within society. This means that while common law is more fluid and evolves through court rulings, statutory law is established through formal legislative processes. Thus, the reliance on judicial precedents is what distinctly characterizes common law, making this the correct choice.