Statute

Have questions about what the legal definition and meaning of statute is in law?

Read this in-depth FAQs guide to learn all about what statutes are and how they work with legislators, the courts, who creates them, and much more!

What Does Statute Mean In Law?

In law, a statute refers to a written law enacted by a legislative body, such as a government (Congress in the United States) or parliament (government structure in some countries, such as the United Kingdom). Statutes are typically codified in a formal written document and are binding on individuals within a jurisdiction.

They are also known as acts or legislation (while the passing of a law is still under consideration). Statutes can fall under civil or criminal law and cover a wide range of legal topics and create new laws, amend existing ones, or repeal previous ones.

They provide a framework for the legal system and help govern the conduct of individuals, organizations, and government entities.

What Is an Example of a Statute?

Although there have been countless laws passed over time, a monumental and classic example of a statute in the United States is The Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin in employment and public accommodations.

What Are the Types of Statutes?

There are several types of statutes, which include the following:

1. Criminal statutes: These laws define crimes and establish penalties for individuals who violate them. They typically outline prohibited behavior and punishment, such as fines, imprisonment, or community service.
2. Civil statutes: These laws govern disputes between individuals or entities and outline their rights and responsibilities. They cover many issues, including contracts, property, torts, family law, etc.
3. Administrative statutes: These laws establish the powers and procedures of administrative agencies. In U.S. federal law, these statutes regulate the actions of independent government agencies and provide guidelines for their decision-making processes, rulemaking, adjudication, and enforcement. Some of the most prominent administrative agencies in the U.S. include the Social Security Administration (SSA) and the Federal Trade Commission (FTC).
4. Regulatory statutes: These laws impose regulations and mandatory requirements on specific industries or activities to protect public health, safety, or welfare. They often include requirements for licensing, permits, inspections, and compliance with particular standards. One example of a regulatory agency in the U.S. is the Environmental Protection Agency (EPA).
5. Constitutional statutes: These laws are derived from a country’s Constitution and provide the framework for its government. They define the powers and limitations of different branches of government, establish fundamental rights and freedoms, and outline the structure and principles of the legal system. The Bill of Rights contains ten constitutional statutes; the first two of them are “Freedom of religion, speech, press, assembly, and petition” and “Right to keep and bear arms in order to maintain a well regulated militia.”
6. International statutes: These laws govern relations between countries and may include international treaties, agreements, and conventions. They address human rights, diplomacy, trade, and environmental protection issues. The General Assembly, consisting of United Nations members, can create international statutes.
7. Local statutes: These laws are enacted by local governments, such as cities, counties, or municipalities, to address specific issues within their jurisdiction. They can cover various matters, including zoning, land use, local taxes, public health, and safety regulations. Local statutes are often called local ordinances or codes (i.e., noise ordinances or parking codes).

How Is a Statute Created?

A statute is created through a legislative process, which generally includes the following steps in the United States :

1. A bill is introduced in either the House of Representatives or the Senate (both federal and state law).
2. The bill goes through several stages, including committee review, debate, and voting.
3. For federal laws, if the bill passes both the House and the Senate, it is sent to the President for approval. The President can either sign the bill into law or veto it. If the President signs the bill, it becomes a statute and is added to the existing body of laws.

What Is the Purpose of Statutory Interpretation?

The purpose of statutory interpretation is a legal concept where a judge attempts to determine the meaning and intention of laws enacted by the legislature. It aims to resolve any ambiguity or uncertainty in the language used in statutes.

Statutory interpretation is essential because laws are often written in general terms, and it is the responsibility of the courts to apply and enforce them in specific cases.

By interpreting statutes, courts ensure that laws are understood and applied consistently, considering the changing social, economic, and political circumstances.

Additionally, statutory interpretation helps maintain the balance of power between the judiciary and the legislature by providing a framework for the courts to interpret and apply legislation within the boundaries of the Constitution.

How Is Statute Different From Statute of Limitations?

A statute is a global term meaning a law or act, while a statute of limitations is a specific type of law pertaining to the time period a case is allowed to be prosecuted. The definitions of the two are as follows:

A statute is a written law enacted by a legislative body, such as a government or a governing authority. It is a formal rule or regulation that defines legal rights and obligations.

In contrast, the statute of limitations is a specific type that sets a time limit for bringing a legal claim or initiating legal proceedings. It determines the maximum amount of time that can elapse between the occurrence of an event and the filing of a lawsuit related to that event.

How Is a Statute Different From a Law?

Statute and law are often used interchangeably, but there is a subtle difference between the two terms.

• A statute is a specific law enacted by a legislative body, such as a state or federal legislature. It is a written rule or regulation formally enacted and codified.
• On the other hand, law is a broader term encompassing statutes, common law (laws developed through court decisions), and constitutional law (laws derived from a constitution).

While statutes are concrete, specific rules, laws encompass a broader range of legal principles and norms that govern society.

Can a Court Ignore a Statute?

No, a court does not have the authority to simply ignore a statute. Statutes are laws passed by the legislative branch of government and bind all individuals and entities within the jurisdiction. Courts are responsible for interpreting and applying the law, including statutes.

However, there are certain circumstances where a court may refuse to apply or invalidate a statute through a process known as judicial review.

This usually occurs when the statute is found to be unconstitutional. Courts have the power of judicial review, which allows them to determine whether a law violates the Constitution.

If a court finds a statute unconstitutional, it may refuse to apply it or strike it down. Most notably, judicial review is the most known power of the United States Supreme Court.

Additionally, courts may interpret statutes narrowly or broadly depending on the specific language and intent of the statute. In some cases, a court may find that a statute does not apply to a particular situation or that it conflicts with another law and, therefore, may not enforce it in that specific case.

In summary, while courts have the power to interpret and apply the law, they generally need to recognize a statute as existing and can’t ignore it.

Can You Challenge a Statute?

Yes, it is possible to challenge a statute. In many legal systems, individuals or organizations can challenge the constitutionality or validity of a statute through a legal process known as “statutory challenge” or “statutory interpretation.”

This comes with a significant legal burden and typically involves filing a lawsuit or petitioning the courts to review the statute and determine whether it violates constitutional rights, exceeds the legislative authority, or conflicts with other laws.

The process and requirements for challenging a statute may vary depending on the jurisdiction and legal system in place.

Can an Existing Statute Be Amended?

Yes, an existing statute can be amended. Legislative bodies, such as a national parliament or state legislature, commonly make amendments to statutes. The process for amending a statute varies depending on the jurisdiction.

Generally, it involves introducing a bill or proposal for revision, which goes through a series of readings, debates, and votes before it can become law. The amendments are often called revised statues.

The purpose of amending a statute is to update or modify its provisions to reflect changing circumstances, correct errors, or address any deficiencies in the original law, which is a crucial part of the legislative process.

What Is the Significance of the Uniform Commercial Code?

The Uniform Commercial Code (UCC) is a set of proposed model laws governing commercial transactions and contracts in the United States. The American Law Institute and the National Conference of Commissioners drafted the UCCs. It has significant importance in the business world for several reasons:

1. Uniformity: The UCC provides a standardized set of rules and regulations that apply uniformly across all states. This uniformity simplifies and streamlines commercial transactions, making it easier for businesses to operate across state lines.
2. Contract Law: The UCC governs the formation and enforcement of contracts, including sales contracts, leases, and negotiable instruments. It provides a framework for parties to negotiate and enter into binding agreements, ensuring clarity and consistency in commercial transactions.
3. Consumer Protection: The UCC includes provisions that protect consumers in commercial transactions. It sets standards for product warranties, regulates unfair trade practices, and provides remedies for consumers who are victims of deceptive business practices. One prime example is the Truth In Lending Act (TILA).
4. Flexibility: The UCC allows parties to modify its provisions through contractual agreements. This flexibility enables businesses to tailor their agreements to their specific needs while still benefiting from the overall framework provided by the UCC.
5. International Commerce: The UCC has influenced commercial laws in other countries and played a role in harmonizing international trade practices. Its principles and concepts have been adopted by international organizations and incorporated into international trade agreements.

Overall, the significance of the Uniform Commercial Code lies in its ability to provide a comprehensive legal framework for commercial transactions, promote uniformity and consistency for interstate commerce, protect consumer rights, and facilitate domestic and international trade.

What Happens If There Is A Conflict Between Different Statutes?

When there is a conflict between different statutes, it can create legal uncertainty and confusion. In such cases, courts use various methods to resolve the disputing laws, which include:

• Hierarchy: One approach is to apply the principle of hierarchy, where the court determines which statute takes precedence based on its position in the legal system. Generally, statutes at higher levels, such as constitutional provisions or federal laws, prevail over conflicting statutes at lower levels, such as state laws or regulations.
• Statutory interpretation: Another approach is statutory interpretation, where the court examines the language, purpose, and legislative intent of the conflicting statutes to determine their true meaning and reconcile any inconsistencies.

Ultimately, the court’s decision aims to maintain legal coherence and uphold the principles of justice and fairness.

How Can I Find and Access Specific Statutes In the United States?

To find and access specific statutes in the United States, you can follow these steps:

1. Identify the specific statute you seek by its title or keywords.
2. Visit the official website of the Code of Federal Regulations, ecfr.gov.
3. Use the search bar on the website to search for the specific statute by its title or keywords.
4. Review the search results and click on the relevant statute to access its full text.
5. Additionally, you can visit the official websites of the relevant federal agencies or use online legal databases like LexisNexis or Westlaw, which provide comprehensive access to U.S. statutes. Some states also have their official websites for accessing state-specific statutes.

Written by Aaron R. Winston
Last Updated: October 27, 2023 1:38pm CDT