Definition
A statute is a formal written law enacted by a legislative body at either the state or federal level. These laws serve as a legal framework to govern behaviors, establish rights, regulate activities, and set standards or guidelines. Once a bill proposed by a legislative body is passed and signed by the governing official (such as the governor or president), it becomes a statute.
Examples
- State Statute: When a bill about traffic regulations is passed by the state legislature and signed by the governor, it becomes a state statute that regulates driving behavior within that state.
- Federal Statute: The Affordable Care Act, passed by Congress and signed by the President, is a federal statute providing health insurance reforms nationwide.
Frequently Asked Questions (FAQs)
What is the difference between a statute and a regulation?
While statutes are laws enacted by legislative bodies, regulations are rules made by executive agencies based on statutes. Statutes give agencies the authority to create regulations, which provide detailed instructions on how the statutes should be implemented.
How does a bill become a statute?
A bill becomes a statute after going through the legislative process, which includes introduction, committee review, floor debate, voting by the legislative body, and being signed into law by the executive authority (governor or president).
Can statutes be changed?
Yes, statutes can be amended or repealed by the legislative body that enacted them. This requires passing a new bill that explicitly modifies or revokes the previous statute.
Are there different types of statutes?
Yes, there are two main types: public statutes which apply to the public at large, and private statutes which apply to specific individuals or entities.
How are statutes cited?
Statutes are cited by their codified location in legal texts. For example, U.S. federal statutes are cited from the United States Code (U.S.C.), such as “42 U.S.C. § 1983.”
Related Terms
- Regulation: Detailed rules created by executive agencies that implement the statutes.
- Common Law: Law developed by judges through decisions in court cases, rather than through statutes or written legislation.
- Ordinance: A law or regulation made by a city or town government.
- Bill: A proposed piece of legislation that has not yet been enacted into law.
- Codification: The process of collecting and arranging statutory laws into a code.
Online Resources
- Legal Information Institute (LII) by Cornell Law School
- GovTrack.us: Tracks U.S. Congress bills and statutes.
- USA.gov: Information about federal and state laws and regulations.
References
- Black’s Law Dictionary: The definitive legal dictionary for terms used in the U.S. legal system.
- United States Code: The codification by subject matter of the general and permanent laws of the United States.
- State Legislative Websites: For individual state statutes and legislative processes.
Suggested Books for Further Studies
- Statutes and Statutory Construction by Norman J. Singer
- Reading Law: The Interpretation of Legal Texts by Antonin Scalia and Bryan A. Garner
- How Our Laws Are Made by Charles W. Johnson & John V. Sullivan
