The common law is:

Question

The common law is:

BlackTom AI · Accepted Answer

The question asks to identify what the common law is.
Option 1: 'Court-made law.' This is the best description of common law, since it originates from judicial decisions and precedents created by courts, rather than from statutes. It captures the core idea that the body of common law develops through the rulings of judges.
Option 2: 'Unwritten.' While common law is often described as unwritten in the sense that it is not codified in a single statute, this phrasing is misleading because many parts of law are recorded in written opinions and case reports. The more precise point is that it develops through decisions (court-made) rather than solely through legislation, not that it is simply 'unwritten.'
Option 3: 'Is identical to criminal law.' This is incorrect. Criminal law is a branch of law that specifies offenses and penalties and is largely statutory in many jurisdictions, whereas common law encompasses many civil and procedural principles that develop through court decisions, not a single criminal framework.
Option 4: 'Is based on legislation.' This is not true for the common law tradition, which grows from judicial decisions and precedents, not primarily from statutes alone (though statutes can modify or interact with it).

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