Paralegal Advanced Competency Exam (PACE) Practice Exam

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

Common law
Civil law
Constitutional law
Statutory law

The correct answer is: Common law

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.