Intro to Paralegal Studies Practice

Which term describes law that has evolved from judicial decisions?

1. Statute

2. Administrative law

3. Common law

4. Equity

The correct answer is: Common law

The term that describes law that has evolved from judicial decisions is common law. Common law is derived from customs, traditions, and judicial decisions that have been established over time by courts. This legal framework is distinct from statutory law, which consists of laws enacted by legislatures. Common law is foundational in many legal systems, particularly in those that follow a precedent-based approach. In common law, previous court decisions serve as authoritative examples for future cases, leading to consistency and predictability in how laws are applied. This principle of following precedents is known as "stare decisis," which ensures that similar cases are resolved in a similar manner. Administrative law, on the other hand, involves regulations created by government agencies and is not primarily based on judicial decisions. Similarly, statutes are written laws passed by legislative bodies, while the term equity refers to a body of law developed to address concerns of fairness and justice, providing remedies that may not be available under common law. Thus, common law is the correct answer as it encapsulates the evolution and foundation of legal principles established through judicial rulings.