Common law is often referred to as what type of law?

Study for the Legal Research and Writing Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Common law is often referred to as judge-made law because it is primarily developed through judicial decisions and interpretations rather than through legislative statutes or executive branch actions. This body of law evolves from the rulings of judges in individual cases, creating legal precedents that future courts are generally expected to follow under the principle of stare decisis. This characteristic distinguishes common law from statutory law, which is established through written laws enacted by legislatures, and from administrative law, which is created by governmental agencies. Constitutional law deals specifically with the interpretation and application of the constitution, and while it can influence common law, it is a distinctly separate body of law. Therefore, the description of common law as judge-made law aptly conveys its foundation in the decisions and reasoning provided by judges over time.

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