Intro to Paralegal Studies Practice

What is meant by the derogation of the common law?

1. The repeal or change of common law through legislation

2. The establishment of common law by judicial decision

3. The enhancement of common law principles through new statutes

4. The promotion of judicial discretion in interpreting laws

The correct answer is: The repeal or change of common law through legislation

The concept of derogation of the common law refers specifically to the repeal or change of existing common law principles through legislative action. This means that when a legislative body enacts a statute that contradicts or alters a common law rule, it derides or diminishes the authority of that rule. This is significant because it highlights how statutes can have a direct impact on the existing legal framework established by judicial precedents. Understanding this concept is critical in paralegal studies, as it showcases the relationship between legislative authority and common law. When laws are enacted, they have the potential to override previous common law rules, thereby illustrating a dynamic legal system where statutory law can shape the direction of legal principles. The other concepts, such as the establishment of common law by judicial decision, the enhancement of common law by statutory provisions, and the promotion of judicial discretion, deal with different aspects of legal systems and do not encapsulate the specific idea of derogation, which is focused on the process of changing or eliminating common law through legislation.