Wisconsin Constitution
Article XIV - Schedule
Section 13 - Common law continued in force.

Universal Citation: WI Const art XIV § 13
Such parts of the common law as are now in force in the territory of Wisconsin, not inconsistent with this constitution, shall be and continue part of the law of this state until altered or suspended by the legislature.

Enactment of s. 905.01 is an alteration or suspension of the common law. Davison v. St. Paul Fire & Marine Ins. Co. 75 Wis. 2d 190, 248 N.W.2d 433.

The common law privilege to forcibly resist an unlawful arrest is abrogated. State v. Hobson, 218 Wis. 2d 350, 577 N.W.2d 825 (1998), 96-0914.

This section does not codify English common law circa 1776, but preserves law that by historical understanding is subject to continuing evolution under the judicial power. The supreme court court has authority not only to alter but also to abrogate the common law when appropriate. The court's responsibility for altering or abolishing a common law rule does not end due to legislative failure to enact a statute to the contrary. State v. Picotte, 2003 WI 42, 261 Wis. 2d 249, 661 N.W.2d 381, 01-3063.

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