Many people are confused about common law, failing to realize it is constantly subject to change. Where a principle of common law is found violative of the maxims, the principle must be abandoned. This takes place when the people, acting through duly elected or appointed representatives, amend and re-codify the legal limits of acceptable public behavior through duly enacted statutory or constitutional change. To the extent amendment is carried out in accordance with due process and the rule of law, the rule of statutes and constitutions supercede common law and are an expression of the will of the people. For those who object that the common law should forever control, Juris dictionary replies it is our shared duty as citizens of free republics to teach the maxims to our neighbors and our children so our leaders and the people themselves will have better guidance.
Competence See competent .
Competency The degree to which a person is competent , q.v. Having the right to be believed. A competent witness is not necessarily credible , however the testimony of an incompetent witness might, under certain circumstances, be completely credible in light of other known facts. Credibility goes to the believability of the testimony. An example of a competent document is a certified copy of a court order, while a document that might be deemed to lack competence is a copy of an unsigned typed letter received by a fax machine.