What is established by court decisions and customs in the absence of statutory law?

• A. Case Law
• B. Common Law
• C. Statutory Law
• D. Civil Law

Answer: (B)

The term that refers to law established by court decisions and customs in the absence of statutory law is commonly known as Common Law. This body of law is developed through judicial decisions made in courts, where precedents set by previous rulings guide future cases. Common Law evolves over time as courts interpret statutes and decide cases, creating a body of legal principles based on previous rulings and accepted practices.

Common Law contrasts with Statutory Law, which is created through legislative processes and is codified into statutes. In jurisdictions without a comprehensive statutory system, Common Law provides a framework for legal principles and can fill the gaps where statutory guidance is lacking.

While Case Law refers specifically to the law as established by court rulings, it is a subset of Common Law. Civil Law, on the other hand, typically refers to a legal system based on written codes and statutes, as opposed to Common Law which is more influenced by case precedents and customs. Thus, the concept of Common Law is essential for understanding how legal principles can develop in the absence of statutory provisions.