Which term describes legislation that changes the common law?

• A. Derogation of the common law
• B. Codification of the common law
• C. Equity
• D. Preemption

Answer: (A)

When legislation changes rules that have grown out of court decisions, that action is described as a derogation from the common law. In common law systems, judges create rules through precedent, but statutes can modify, limit, or repeal those rules. The term “derogation of the common law” captures that targeted reduction or alteration of existing common-law principles.

Equity isn’t about legislation altering the common law; it’s a separate body of principles focused on fairness that courts apply when the rigid common-law rules don’t yield just results. Preemption refers to federal law taking precedence over state law in conflicts, not specifically to altering common-law doctrine. Codification, while it involves putting laws into a code, is about organizing or restating the law in statutory form and doesn’t inherently emphasize the act of changing existing common-law rules.