Paralegal Advanced Competency Exam (PACE) Practice Exam

What does judicial authority refer to?

1. A form of ruling made solely by legislative bodies

2. Law established through executive orders

3. A court-created law recognized as case law

4. Guidelines set forth by legal scholars and practitioners

The correct answer is: A court-created law recognized as case law

Judicial authority refers to the power and capacity of courts to interpret and apply the law, which often results in the creation of case law. When a court adjudicates a case, it can establish legal precedents through its rulings. These precedents become a significant part of the legal framework, influencing future cases and guiding the behavior of individuals and institutions. This process of creating law through court decisions is fundamental to the common law system, where case law plays a crucial role in shaping legal principles and interpretations. In contrast, the other options pertain to different sources of law. Legislative bodies create laws through statutes, but this does not align with the definition of judicial authority. Executive orders are directives issued by the executive branch to manage the operations of government agencies and are separate from judicial authority. Finally, guidelines from legal scholars and practitioners do not carry the force of law but may offer commentary and interpretations that can inform legal arguments. Thus, the correct answer emphasizes the role of courts in developing law through judicial authority, establishing the importance of case law in the legal system.