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If statutory law conflicts with the common law, which law will govern?

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If statutory law conflicts with the common law, which law will govern?

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  1. Statutory law, because common law is not actually on the books, unless it has been made into a statute, in which case it is statutory law.

    Common law is based on court decisions (stare decisis).


  2. Statutory law.  Common law is based on past court decisions, and isn't nearly as neat and tidy as statutory law.  As one court stated, there is no federal common law.

    Of course, if the statue passed by a legislature is egregiously wrong or unconstitutional, then it gets overturned.

    But statutory law is always preferred over common law.

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