Which of the following is NOT true of common law? (A) It is based on a system of precedent - HSC - SSCE Legal Studies - Question 13 - 2003 - Paper 1

To determine which statement is NOT true of common law, we analyze each option:

1. It is based on a system of precedent.

   • This statement is indeed true. Common law is fundamentally built on the doctrine of stare decisis, meaning that courts are bound by previous decisions in similar cases.

2. It may be made by judges.

   • This statement is also true. Judges play a vital role in shaping common law through their rulings and interpretations of statutes.

3. It may be made by juries.

   • This statement is where the confusion lies. Juries do not create common law; instead, they play a role in fact-finding within the framework established by judges. Therefore, this statement is NOT true.

4. It is based upon an adversarial system.

   • This statement is true as well. The common law system typically features two opposing parties presenting their cases to a neutral judge or jury.

In conclusion, the answer is: (C) It may be made by juries.