The term Common Law is best described as which of the following?

• A. a system of law based on precedent and customs
• B. an unwritten code maintained by religious institutions
• C. a set of statutory rules enacted by Parliament
• D. a doctrine primarily used in civil law jurisdictions

Answer: (A)

Common law is a system of law created by judges through decisions in courts, grounded in precedent and customs. It evolves as courts interpret past rulings and apply them to new cases, building a body of case law that guides future outcomes. This emphasis on decision-based rules and the gradual development of principles through judgments is what sets it apart from other sources of law.

It isn’t an unwritten code maintained by religious institutions, and it isn’t simply a set of statutes enacted by Parliament. Statutory rules come from statutes and codified texts, while common law grows from how courts decide real-world disputes over time. It also differs from civil law jurisdictions, which rely on comprehensive codes rather than a system built on judicial precedent. In many landlord-tenant contexts, statutory rules coexist with common-law principles, with the latter filling in gaps or guiding interpretation where statutes don’t spell out every issue.