What is the difference between statute law and common law?

Study for the Australian Year 10 Civics Test. Engage with multiple choice questions and detailed explanations. Master key civics concepts and excel in your assessment!

Multiple Choice

What is the difference between statute law and common law?

Explanation:
The main idea here is who creates the rules and how those rules change over time. Statute law is created by Parliament when it passes Acts; these are formal, written laws that govern the whole jurisdiction (or specific areas) and can be updated by future Acts. Common law, on the other hand, grows from court decisions. Judges interpret and apply existing laws to particular cases, and over time their rulings form a body of rules known as precedent that guides future decisions. So, the best answer says statute law is made by Parliament, and common law is judge-made based on precedent. Parliament writes the laws; judges develop and apply the law through decisions, shaping it as new cases arise. Options that suggest statute law is decided by judges or by voters, or claim one type is inherently more flexible, don’t capture this clear distinction.

The main idea here is who creates the rules and how those rules change over time. Statute law is created by Parliament when it passes Acts; these are formal, written laws that govern the whole jurisdiction (or specific areas) and can be updated by future Acts. Common law, on the other hand, grows from court decisions. Judges interpret and apply existing laws to particular cases, and over time their rulings form a body of rules known as precedent that guides future decisions.

So, the best answer says statute law is made by Parliament, and common law is judge-made based on precedent. Parliament writes the laws; judges develop and apply the law through decisions, shaping it as new cases arise.

Options that suggest statute law is decided by judges or by voters, or claim one type is inherently more flexible, don’t capture this clear distinction.

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