Understanding Judge Made Law: Common Law Demystified

What type of law is commonly referred to as "judge made law"?

• A. Common law
• B. Civil law
• C. Constitutional law
• D. Statutory law

Answer: (A)

The term "judge made law" refers specifically to common law, which is developed through judicial decisions and precedents rather than through legislative statutes. Common law emerges from the rulings of courts where judges interpret statutory laws and resolve disputes based on those interpretations, which then become precedents for future cases. This evolution of law is characterized by the principle of stare decisis, meaning that courts are obligated to follow the precedents set by previous rulings in similar cases. In contrast, civil law is primarily based on codified statutes and legal principles rather than judicial decisions. Constitutional law deals with the interpretation and application of constitutional provisions, which is generally more focused on the framework of government and individual rights than on the gradual development of legal precedents. Statutory law refers to laws enacted by legislative bodies and does not involve the judicial decision-making process in the same way as common law does. Therefore, common law is the correct answer, as it is fundamentally rooted in the decisions made by judges.

Understanding the intricate world of law can sometimes feel like learning a new language or trying to decode a puzzle. For those studying for the Paralegal Advanced Competency Exam (PACE), it’s crucial to grasp the concept of common law, often referred to as "judge made law." But what does that actually mean? Let’s break it down.

What is Common Law Anyway?

Common law is like the wise old owl of the legal world. It evolves over time through judicial decisions and precedents established by judges in court. Rather than relying on a list of statutes created by legislative bodies, common law grows from actual cases where judges interpret laws and resolve disputes. Think of it as a living, breathing entity that adapitates based on societal needs and judicial interpretations.

But here’s the kicker: the principle guiding common law is known as stare decisis, which means “let the decision stand.” This principle obligates courts to follow the precedents set by previous decisions when faced with similar cases. So, when a judge hands down a ruling today, it could very well shape future court outcomes. It’s a cascading effect, much like ripples in a pond.

Common Law vs. Other Types of Law

Now, you might be wondering, “How does this compare to other types of law?” Great question!

1. Civil Law: Unlike common law, which is built on the foundation of court rulings, civil law is based primarily on codified statutes and legal principles. It’s a bit more black and white, as it relies heavily on written codes and laws. Think of it like a strict recipe, where following the steps leads to a guaranteed outcome.

2. Constitutional Law: This area of law focuses on the interpretation and application of the Constitution. It’s more about frameworks and fundamental rights than evolving legal precedents. If common law is the day-to-day lessons learned from courtrooms, constitutional law is the big picture, the foundational rules that govern how everything operates.

3. Statutory Law: This is the law enacted by legislative bodies, meaning it doesn’t stem from judicial decision-making as common law does. Imagine it as the groundwork set by lawmakers, distinct from the ever-evolving rules shaped by judges.

Why Understand Common Law?

For aspiring paralegals, a thorough understanding of common law can be a game-changer. It’s about seeing the big picture in the legal landscape — understanding how a specific ruling can influence future cases, and how your role may intersect with those decisions. Think about this: if you can grasp how a judge’s ruling impacts the law overall, you’ll have a powerful tool in your legal toolkit.

On the flip side, being familiar with common law allows you to appreciate the nuances in how legal arguments are crafted. If you ever find yourself analyzing a case, you’ll need to reference past decisions and understand their implications on current rulings or legal strategies. In essence, it’s like connecting the dots on a complex legal map.

The Bottom Line

Common law isn’t just a term thrown around in textbooks; it’s the foundation on which many aspects of our legal system are built. Grasping its importance could not only propel your confidence for the PACE exam but also enhance your effectiveness in a paralegal role. As you dive into your study materials, remember: understanding how common law operates will make you a more capable advocate for your future clients, navigating through the intricate waters of the legal world.

In conclusion, don’t just skim the surface — delve deeply into common law and see how it weaves through the fabric of our legal system. Each case tells a story, and as a paralegal, you’ll play a significant role in ensuring those stories are understood and articulated.