NALA Certified Paralegal Practice Exam

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What is the main distinction between common law and statutory law?

Common law is enforced by judges, while statutory law is approved by the public

Common law evolves from judicial decisions, while statutory law is made by legislative bodies

The primary distinction between common law and statutory law lies in their origins and how they are developed. Common law is derived from judicial decisions and interpretations of laws made by judges over time, meaning it evolves through court rulings and precedents set by previous cases. This creates a body of law that is adaptable and can change as societal norms and understandings evolve.

On the other hand, statutory law is created and enacted by legislative bodies such as Congress or state legislatures. This means that statutory law is written and formalized through a specific legislative process, which includes proposals, debates, votes, and finally, the approval and enactment of these laws.

This distinction is significant because it reflects the different functions and sources of law in the legal system, illustrating how law is not only a static set of rules but also a dynamic process influenced by human judgment and societal needs.

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Common law is outdated, while statutory law is current and applicable

Common law applies to civil disputes, while statutory law applies to criminal cases

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