Ⅴ. Spot dictation

Common law decisions and rules are based on____ 1____ .However, all cases differ somewhat from____ 2____ .Consequently, a judge deciding a case must, to a greater or lesser degree, rely on____ 3____ beyond what is set out in prior cases. Moreover, when a court is faced with making the first decision in a given area of the law—the“ ____4____ ”—there is often little precedent on which to rely. This gives rise to the question:what is the ultimate source of common law rules and the nature of the judicial process in common law ____5____ ?This question has been answered differently at different times.

Today, we know that the creative component of the common law comes from judges.____ 6____ .If there is law from prior____ 7____ to be applied, it should be applied. But whether in applying prior case law or striking out in a completely new direction, it is unavoidable that judges infuse notions of public policy____ 8____ .Thus, it is customary today to describe judges as“ ____9____ ”common law or ____10____ when they develop common law.