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:

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?

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

To determine the current law on negligence in the American common law system, you need to rely on legal resources such as case law and legal precedent. Here's a step-by-step guide on how to approach this situation:

1. Start with the basics: First, it's essential to understand the concept of negligence. Negligence, in simple terms, refers to a failure to exercise the level of care that a reasonable person would in similar circumstances, resulting in harm or injury to another party.

2. Research case law: Since there is no specific statute defining negligence, you should focus on studying relevant case law. Begin by searching for landmark cases or influential judgments that have shaped the understanding of negligence in your jurisdiction. Look for cases that have established the elements of negligence, the standard of care, and the factors to consider in determining liability.

3. Analyze legal precedent: Pay attention to how courts have interpreted and applied the concept of negligence in previous cases. Look for patterns in the reasoning and principles employed by the judiciary. This analysis will help you understand the current legal standard and how it may have evolved over time.

4. Consult legal treatises and commentaries: In addition to case law, consult reputable legal treatises and commentaries on tort law or negligence. These secondary sources offer in-depth explanations and interpretations of the law, providing valuable insights into the current legal understanding.

5. Review recent decisions: Keep up-to-date with recent court decisions, especially those involving negligence. Courts may have refined or updated the legal principles related to negligence through recent judgments. Legal databases or online resources often provide access to a collection of case law, making it easier to search for relevant and recent rulings.

6. Consider jurisdictional differences: Remember that laws can vary between different jurisdictions. While the principles of negligence generally follow a similar standard, there may be nuances and variations in how different courts interpret and apply those principles. Ensure that you focus on the relevant jurisdiction for your research.

7. Seek expert advice if needed: If you still have difficulties determining the current law on negligence, consider consulting a legal expert such as a lawyer or law professor. They can provide further guidance and clarity based on their expertise and experience.

By following these steps, you should be able to determine the current law on negligence in the absence of a specific statute. Remember that legal research can be time-consuming and complex, so it's crucial to allocate sufficient time and resources to ensure accuracy and a comprehensive understanding of the topic.