Intro to Paralegal Studies Practice

What is the relationship between common law and statutes?

1. Common law is established by statutes

2. Statutes can change or override common law

3. Common law replaces statutory law entirely

4. Statutes are irrelevant to common law

The correct answer is: Statutes can change or override common law

The correct answer highlights that statutes can change or override common law, which is pivotal in understanding the relationship between these two sources of law. Common law, derived from judicial decisions and precedents, evolves over time based on the rulings of judges. However, when legislatures enact statutes, those statutes can modify, limit, or completely revise the principles established by common law. This interplay ensures that the legal system remains adaptable to new societal needs and standards. For instance, if a common law principle is deemed outdated or unfair, a legislature may pass a statute that explicitly alters that principle, creating a new legal framework that the courts must then follow. This is why it's critical to recognize the authority of statutes in shaping and sometimes overriding common law. The other choices do not accurately reflect the relationship between common law and statutes. Common law is not established by statutes, nor does it entirely replace statutory law. Additionally, statutes are not irrelevant; rather, they play a fundamental role in modifying and guiding the application of common law.