The key characteristics of common law include all of the following, EXCEPT:

Prepare for ASU's CRJ203 Courts and Sentencing Exam with comprehensive flashcards and multiple choice questions. Improve your knowledge and boost your confidence for your exam day!

The key characteristics of common law indeed encompass several defining attributes, and the assertion that it is based on justice, while true in a broad philosophical sense, does not capture the essence of how common law operates. Common law, primarily developed and interpreted by judges through case law, is predominantly a system of legal precedents that emphasizes consistency and predictability in legal rulings.

It is primarily judge-made, meaning that judges create law through their decisions in individual cases, interpreting statutes and legal principles. This system is rooted in legal traditions that prioritize the application of established legal principles derived from previously decided cases. The multitude of sources from which common law may emerge—court decisions, statutes, and various legal interpretations—further characterizes its complexity and adaptability.

While justice is an underlying value in the legal system, common law itself is characterized more by its procedural and historical foundations rather than by a direct focus on achieving justice in every case. Consequently, the framework of common law is about the application and evolution of legal standards rather than an overt focus on justice as a singular guiding principle.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy