Intro to Paralegal Studies Practice

What does codification of the common law involve?

1. The legislative enactment of existing common law

2. The judicial interpretation of statutory law

3. The establishment of new common law principles

4. The reversal of previous court decisions

The correct answer is: The legislative enactment of existing common law

Codification of the common law refers to the process by which existing common law principles are transformed into statutory law through legislative enactment. This means that rather than having rules and principles develop solely through court decisions and legal precedents, they are formally written into statutes by legislative bodies. This can lead to greater clarity and accessibility of the law, as statutory law is comprehensively organized and publicly available, allowing citizens and legal practitioners to understand their rights and obligations more easily. In this context, codification serves to consolidate and formalize the body of common law, providing a structure that helps ensure consistency in its application. It also reflects an effort to modernize legal principles and ensure they remain relevant in contemporary society. The enactment of existing common law into legislation can also simplify the law and make it more predictable, as judges and practitioners can rely on written statutes rather than navigating through potentially varying interpretations of common law cases. The other options, while related to aspects of law, do not accurately define codification. Judicial interpretation of statutory law is a separate function carried out by courts, while establishing new common law principles or reversing previous court decisions does not pertain to the process of codifying existing law.