Which of the following statements about common law is inaccurate?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

The statement that is inaccurate is that under common law, a court can overrule a statute with a rule of common law. In the legal system, statutes, which are laws enacted by legislatures, take precedence over common law. This means that if there is a conflict between a statute and a common law rule, the statute will prevail, and the common law rule may become inapplicable. Courts do not have the authority to reject or overrule statutes simply based on a common law principle; rather, they must apply the statute as law unless it is found unconstitutional.

The doctrine of stare decisis, which emphasizes the importance of following precedents set by previous court decisions to maintain consistency in the law, is a key feature of common law. Furthermore, statutes can indeed override common law rules when a legislative body passes a law that alters or eliminates a common law principle. Common law, often described as "judge-made law," arises from judicial decisions rather than legislative enactments, making it a foundational aspect of the legal system, particularly in jurisdictions that follow the common law tradition.

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