(1)3.1 Common Law Implications

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Revision as of 01:30, 17 December 2025 by Ajax (talk | contribs) (Created page with "(a) In the absence of clear statutory guidance under this code, lawful actors may refer to established common legal practices, principles, and precedents to inform the interpretation, application, and enforcement of the law. (b) Common law may serve as a reference for understanding general legal concepts, procedural norms, and the reasonable exercise of authority; however, no person shall be charged, penalized, or otherwise subjected to enforcement solely on the basis o...")
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(a) In the absence of clear statutory guidance under this code, lawful actors may refer to established common legal practices, principles, and precedents to inform the interpretation, application, and enforcement of the law.

(b) Common law may serve as a reference for understanding general legal concepts, procedural norms, and the reasonable exercise of authority; however, no person shall be charged, penalized, or otherwise subjected to enforcement solely on the basis of common law doctrines that are not codified in this code.

(c) Use of common law principles shall be consistent with the rights, protections, and obligations expressly set forth in this code, and shall not be applied in a manner that contradicts statutory provisions, the United States Constitution, or the Defendants’ Bill of Rights.

(d) Lawful actors shall exercise discretion and good faith when considering common law principles, ensuring that reliance on such principles promotes fairness, predictability, and the proper administration of justice.