The
Blank
______ law exists to
Blank
______ when social or policy reasons demand. (Choose two best answers)

Question

The 
Blank
______ law exists to 
Blank
______ when social or policy reasons demand. (Choose two best answers)

BlackTom AI · Accepted Answer

Common law fills gaps left by other legal rules when social or policy reasons demand.

1) Relevant knowledge points and concepts
- Common law: judge-made law developed through judicial decisions and precedent; it evolves case-by-case.
- Gap‑filling function: one of common law’s core roles is to supply rules where statutes or written rules are silent or ambiguous.
- Constitutional law: foundational, supreme law setting structure and rights — not primarily a gap‑filler for everyday rules.
- Judicial law‑making: judges create legal rules through decisions, but that activity is a characteristic of common law rather than a distinct “law” type.

2) Step‑by‑step reasoning
Step 1: Identify which “law” types are listed: “common” and “constitutional” are types; the other two are descriptions of purpose.
Step 2: Ask which type exists to act when other legal rules leave lacunae. The historical function of common law is precisely to develop rules in areas where statutes are absent or unclear.
Step 3: Match purposes: “fill in gaps left by other legal rules” is exactly the gap‑filling purpose of common law.
Step 4: Confirm that the other provided descriptions do not better match the prompt: constitutional law is not primarily gap‑filling for ordinary disputes; “give judges power to create law” describes a consequence or feature, not the specific law that exists to fill gaps.

3) Intermediate logical steps (explicit)
- Common law = judge‑made precedent.
- Precedent develops where statutes are silent → fills gaps.
- Therefore pairing “common” with “fill in gaps left by other legal rules” is the correct two‑part answer.

4) Why the correct answer is correct
Common law’s mechanism (case decisions and stare decisis) exists to supply legal doctrine where written rules do not cover a situation or where social/policy changes require new rules. That directly matches the “fill in gaps…” purpose.

5) Why the other options are incorrect
- “Constitutional”: sets structure and rights; it is not the system used day‑to‑day to fill gaps in ordinary legal rules.
- “Give judges power to create law”: while judges do create law via common law, this phrase is a description of a feature rather than the law that exists to fill gaps; it’s less precise and not the best match to the question’s two blanks.

Conclusion: The two best answers are “common” and “fill in gaps left by other legal rules,” which matches the provided correct answer.

The Blank law exists to Blank when social or policy reasons demand. (Choose two best answers)单项选择题

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The Blank ______ law exists to Blank ______ when social or policy reasons demand. (Choose two best answers)单项选择题