The common law:

Question

The common law:

BlackTom AI · Accepted Answer

Common law refers to the body of law developed through judicial decisions and the doctrine of precedent (stare decisis). It is created when judges decide cases and those decisions establish legal principles that later courts follow. Key knowledge points: the role of judicial opinions, the binding nature of precedent within a jurisdiction, the distinction between common law (judge-made law) and statutory law (legislature-made), and the fact that legislatures can alter or displace common-law rules by passing statutes.

Step-by-step reasoning:
1. Define common law: law originating in and evolving from court decisions rather than from written legislative enactments.
2. Understand stare decisis: lower courts follow higher courts’ interpretations, which makes earlier judicial decisions authoritative for future similar cases.
3. Examine the choices:
   - "cannot be changed by legislatures": incorrect. Legislatures can modify, override, or codify common-law rules by enacting statutes; thus common law is not immutable.
   - "consists of law made by the legislature": incorrect. That describes statutory law, not common law.
   - "consists of orders of the executive branch": incorrect. Executive orders and administrative rules are executive-branch actions, part of administrative law, not common law.
   - "consists of judge-made law": correct. This matches the definition: common law arises from judicial decisions and case law.

Why the correct answer is correct:
Judges, when resolving disputes, articulate legal principles that become part of the common law. Over time these judicially created rules form a consistent body of law guided by precedent. While statutes and executive actions exist alongside, the defining source of common law is judicial decision-making.

Briefly why other options are incorrect:
- Legislatures can change common law, so it is wrong to say it cannot be changed.
- Law made by legislatures is statutory, not common law.
- Orders of the executive branch are executive/administrative, not judge-made.

Conclusion: The correct answer is "consists of judge-made law," which matches the provided answer.

The common law:单项选择题

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