i have a discussion post that im not quite sure how to answer, since i am unsure how to interpret it. It reads as follows:

Question

The American common law system provides the judicial system with two primary duties 1) interpreting the meaning of statutes and regulations, and 2) creating or modifying laws in the "common law". A standard "common law" in every jurisdiction is that of simple "negligence", probably the most litigated cause of action in every jurisdiction. If there is no statute defining "negligence" (there almost never is), how would you determine what the current law is?

Answer 1

You look at the history of past decisions on the subject. The meaning of common law is that it is not voted by the legislature but evolved over many decisions in court.
see:
https://www.thefreedictionary.com/common+law