What is Statutory Law?

Statutory Law

What is Statutory Law?Statutory law refers to the law that is written by a legislative body. It is the law created deliberately by the government through chosen legislators through an official process of legislation. The judiciary is responsible for the interpretation and the enforcement of statutory law, but the judiciary cannot create statutory law.

Laws created by statute are usually codified. That implies that they are all assembled in one place and allotted numbers for the purpose of reference. For instance, the United States Code is the indexed collection of US law. States have their own groups of codes and statutes.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

What is not Statutory Law?

Statutory law refers to the law that is created firmly by a legislature and then formulated into law. Representatives contemplate what they think the law should be. They devote time to planning, preparing, editing, and then finally passing the law. To comprehend statutory law, it is helpful to recognize what it’s not:

Common Law

Common law is law that is created by the judiciary over a period of time. It is not approved by a legislative body. Instead, case by case, the judiciary decides what they think are sound principles of law.

When these principles are applied, individually, in real cases, common law comes into existence. This is not statutory law. Statutory law is created in a single act by a legislative body. It is not fragmentary like common law. Rather, statutory law either exists, or it does not.

Administrative law

Administrative law refers to the body of law that is formulated by executive agencies. Legislators sanction the agencies to exist. They permit the agencies to create their own rules in their respective areas of governance.

A body of Law can be Both Statutory and Common law

In some instances, a part of law develops through common law. Then, lawmakers turn up and make additions to the law through statutes. They may not entirely overrule or even write out the existing state of the common law. As an alternative, they may simply explain it and add to it.

How the Courts Interpret Statutory Law

When the courts embark to understand a statute, they begin by looking at the plain language of the law. If the law is sharp and well-defined, the courts bring to a close that the law implies what it says. The courts assume that the legislature wants to give meaning to every word in the law. They refuse the idea that the legislature would have put in extra words anything that they do not mean.

The courts attempt to follow the goal of the legislature. In some situations, a court might cancel a statute, in case they find that it is unconstitutional. 

Who can Create Statutory Law?

Statutory law can be created at all levels of government It may come from state, federal, and even local governments. A government can formulate a statute that is applicable in its jurisdiction and to the lower levels of government. For instance, the federal government can make a law that is relevant all through the United States. The states can create laws that will be applicable to only their states.

Cities, townshipsm and other municipalities can formulate laws that will be applicable within their borders. A municipality cannot cancel a state or federal law. Similarly, a state cannot cancel a federal law.Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here. 

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

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