The common law applies
Blank
______.

Question

The common law applies 
Blank
______.

BlackTom AI · Accepted Answer

Common law principles govern legal disputes in the absence of a controlling statute or specific legislative rule.

Relevant knowledge points: The legal system uses a hierarchy where enacted statutes and constitutions override judge-made common law; courts follow stare decisis (prior judicial decisions) when applying common law; judges primarily interpret and apply law rather than legislate; when a statute directly addresses an issue, it displaces or modifies common-law rules on that subject.

Step-by-step reasoning:
1. Ask whether a statute or constitutional provision directly governs the issue. If yes, the court’s duty is to apply and interpret that statute; the statute takes precedence over any conflicting common-law rule.
2. If no statute applies (the legislature has not addressed the precise issue), judges turn to common law—existing judicial decisions and legal principles—to resolve disputes and fill gaps.
3. Where a statute is ambiguous or silent on particular details, courts may rely on common-law doctrines as interpretive guides, but the controlling rule remains the statute if it clearly governs.
4. Legislative action can expressly displace common-law rules, and courts will not apply a common-law rule that the legislature has superseded.

Why the correct answer is correct: "Only when no applicable statute is available" accurately captures the priority of statutory law over common law and the gap-filling role of judge-made law. Common law operates as the default source of legal rules when the legislature has not enacted a specific provision.

Why the other options are incorrect:
- "Regardless of whether social reasons exist" is irrelevant to the hierarchy; social reasons do not determine whether common law applies.
- "So that judges can become policy makers" misstates judicial function; applying common law to gaps is not the same as free policymaking and is constrained by precedent and legal principles.
- "Regardless of whether an applicable statute is available" contradicts the statutory superiority principle.

Conclusion: The correct answer is "only when no applicable statute is available," which matches the provided answer.

The common law applies Blank ______.单项选择题

类似问题

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

The common law:

The Australian legal system was inherited from

The term 'common law' refers to:

Match the types of law (in the left column) made by administrative agencies with their descriptions (in the right column).

The body of law called Blank ______ historically concerned itself with achieving 'justice' when the common law might produce unfair results.

What rule (or law) did the court apply in Price v. High Pointe?

Why did the U.S. Congress and state legislatures establish administrative agencies?

更多留学生实用工具

智能学习助手

风格化写作助手

论文查重助手

文献引用助手

课堂转译助手

课堂笔记助手

Quiz搜索助手

学校历年真题

智能刷题助手

智能匹配练习

希望你的学习变得更简单