What best describes common law?

• A. Comes through traditions and customs, is reinforced by the courts, and serves as the foundation of the U.S. legal system.
• B. Is only written in statutes.
• C. Is something that exists only in civil law countries.
• D. Is determined by executive agencies.

Answer: (A)

Common law develops from long-standing traditions and the decisions of courts, rather than being created only by written statutes. In the United States, many rules started as unwritten practices and were refined when judges interpret disputes, producing precedents that guide future cases. The courts reinforce these principles, and the doctrine of stare decisis binds later cases to earlier decisions when the facts are similar, providing consistency. While statutes enacted by legislatures do exist and can codify or override common-law principles, common law remains a living body that fills gaps and adapts to new situations. This approach contrasts with civil-law systems that rely more on comprehensive written codes. Administrative agencies shape law through regulations, but that operates separately from the core concept of common law itself. So the best description is that common law comes through traditions and customs, reinforced by the courts, and forms a foundational part of the U.S. legal system.