Other Than Life (OTL) Practice Exam

Which of the following is NOT a common example of common law?

1. Case law development

2. Statutory law

3. Traditional laws

4. Judicial precedent

The correct answer is: Statutory law

Statutory law is created through legislative processes and involves laws enacted by a governing body, such as federal or state legislatures. It is distinct from common law, which arises from judicial decisions and the interpretation of statutes rather than being explicitly written and passed as law. Common law is characterized by the principle of judicial precedent, wherein past judicial decisions influence future cases. In contrast, case law development, traditional laws, and judicial precedent are all integral components of common law. Case law development refers to the process where courts interpret laws and their outcomes influence future judicial decisions. Traditional laws, often unwritten, are based on customs and practices that have evolved over time and can also fall under the umbrella of common law. Judicial precedent is the reliance on previous court rulings to guide decisions in current cases, which is a foundational aspect of the common law system. Therefore, while statutory law plays an important role in the legal framework, it is not an example of common law, making it the answer to be identified as not fitting within the common law category.