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Difficulty: MediumCommon Law and Precedents

A judge in a UK court is presiding over a case where no existing legislation from Parliament provides a clear rule. To reach a verdict, the judge looks at historical decisions made by previous judges in similar circumstances. What is the name of this source of law?

  1. Common LawAnswer
  2. B
    Statute Law
  3. C
    Constitutional Conventions
  4. D
    Codified Law

Answer

The source of law described is Common Law.
Common Law is the body of law developed by judges through their decisions in court cases. When no specific Act of Parliament applies to a situation, judges rely on 'precedents'—decisions made in previous similar cases—to reach a verdict.

Step-by-Step Solution

1
Analyze the legal scenario provided in the stem.
The scenario describes a lack of parliamentary legislation (Statute Law) and a reliance on previous judicial rulings.
Understanding the context is the first step in identifying the specific source of law being applied.
2
Identify the mechanism being used by the judge.
The judge is using 'precedents,' which are principles established in previous court cases.
The defining characteristic of Common Law is its development through court decisions rather than legislative acts.
3
Select the term that matches this judge-made law.
Common Law.
Common Law is the body of law derived from judicial decisions and custom, distinguishing it from Statute Law.

Key Concept

The definition and application of Common Law in the UK legal system.
Estimated Time:45s
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Topics

Common Law and Precedents

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