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CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law

A community in a State follows a custom under which a particular right is passed on in a manner that conflicts with an express provision of a validly enacted statute applicable to that community. The statute does not save the custom. Which position is correct?

The statute prevails. A custom is valid only if it is not opposed to an express statutory provision, so a validly enacted law that does not save the custom overrides it. Neither the greater age of the custom nor the support of a majority of the community changes this result.

  1. AThe custom prevails because it is older than the statute
  2. BThe statute prevails, as a custom cannot override an express statutory provision that does not preserve itCorrect
  3. CBoth operate equally and the court may choose either
  4. DThe custom prevails if followed by a majority of the community

Explanation

Custom is a subordinate source in a system with enacted law. Where a valid statute expressly covers the matter and does not preserve the custom, the statute overrides it. Age or majority support of the custom does not change this, and the court has no free choice between the two.

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