Learn the statute definition and the difference between federal and state statutes. See statute examples, and understand the comparison between statutes vs. laws.
Updated: 11/21/2023
Statute Definition & Examples
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Study Prompts for Statutes:
Graphic Organizer Prompt:
Create a graphic organizer that depicts how a statute officially becomes a statement of the law. You can choose whether your graphic organizer represents a federal statute or a state statute. Example: For depicting a federal statute, you could have a tiered graphic organizer that illustrates the US Congress, the executive branch (president), and then the definition of a statute.
Writing Prompt 1:
Write an essay of about 2-3 paragraphs that explains the role of case law and jurisdiction in the application of statutes. Tip: It helps to provide an examples, and remember that a jurisdiction is the geographic area where the statute is applicable.
Writing Prompt 2:
Write an essay of at least 2-3 paragraphs in which you explain what could make a statute invalid and why. Come up with an example to illustrate your point. Example: If the US Constitution says that women can vote, a state cannot have a statute forbidding women from voting because the Constitution is the supreme law of the land.
Writing Prompt 3:
Create your own statute. It can be a federal statute or a state statute, but make sure you have the jurisdiction clearly defined. Also make sure to describe the process by which the statute was passed, and how it might be enforced. Example: X state has a statute that states that all single family homes must have wifi.
What does statute mean?
Statutes are formal, written rules established by legislative bodies based upon consensus among governmental leaders. The purpose of a statute is to command or prohibit an action and/or declare a policy.
What is the difference between a statute and a law?
A statute is a specific type of law in which a legislative entity writes down and passes the law to be recognized by authoritative governing bodies.
What does it mean if something is statutory?
Statutory means something has been created and ratified. When a law becomes a statutory law, it means that is should be legally followed by the citizens it affects.
Which is an example of a statute?
One example of a statute is abiding by the traffic lights. When the light is red, then the drivers should remained stopped until the light changes to green. Not doing so would result in that individual breaking a traffic law or statute.
Table of Contents
ShowStatutes are formal, written rules established by legislative bodies based upon consensus among governmental leaders. The purpose of a statute is to command or prohibit an action and/or declare a policy.
Legal statutes start as a bill introduced in either of the houses of Congress by a senator or representative who sponsors it. The bill then has to be voted on by both houses of Congress. If the bill is passed in both houses of Congress, it becomes a law and is sent to the President of The United States to be signed. At this point, the President may choose not to sign the bill, but if they do, then the bill becomes a law.
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International law works differently from federal statute law. It consists of rules with purpose to govern:
- The relationship and dealings with nations
- The relationship between states and individuals
- The relationship between international organizations
The autonomy statute, or statute of autonomy, is the law hierarchically located under a country's constitution or other legislative government. These types of statutes usually mimic the country's constitution by establishing the organization of the independent government and distributes power between different levels of government. Statutes are organized by subject matter into codes.
Statute Examples
Statutes can be enacted at the federal, state, and local levels in the United States. Thus, a typical crime can be broken down from the federal to the local level. Each state and or local government enacts a specific regulation based upon a federal statute. Take 'grand larceny theft,' for example.
- Federal Statute: Under federal guidelines, grand larceny is defined as "the unlawful taking, carrying, leading, or riding away of property" from another's possession. Federal grand larceny theft laws are not the same as larceny-theft laws that pertain to the states. Although virtually all states recognize larceny-theft, federal grand larceny theft laws focus on protecting public property from theft.
- State Statute: Grand larceny laws are intended to discourage people from stealing valuables from other people, but each state varies significantly. For example, in Alabama, first-time, first-degree theft is considered a Class B felony with up to 10 years in prison and/or a fine of up to $100,000. However, in Georgia, a first-time, first-degree theft means a judge can decide between ruling the crime as a misdemeanor or felony. If the judge rules in favor of a felony, it can result in 1 to 10 years in prison.
- Local Statute: Local governments usually only deal with theft crimes that are considered misdemeanors, as all felony charges are prosecuted by county, state, and federal level agencies.
What Does Statutory Mean?
There are two basic definitions of statutory according to the Oxford dictionary:
- Required, permitted, or enacted by statute
- Carrying a penalty prescribed by statute
When this term is applied to law, it means that the law is created by the legislation and is formally written and enacted. This is different from case or regulatory law that is publicized by the policymaking branch of the judiciary government. When courts make case law, they are bound to follow statutory law and must apply relevant and applicable statutes to the facts of each case. This can also involve interpreting specific provisions of statutes. However, a court can find that a specific statute violates the constitution and is therefore invalid.
Is A Statute A Law?
The simple answer is yes. A statute is a law passed by a legislative body. To take this concept a step further, statutory law is the body of law resulting from statutes. Thus, a statute (or the statutory law) can also be referred to as legislation.
What Is A Federal Statute?
In the U.S., both the federal government and individual states can pass statutes or laws. Some laws are created solely by the federal government, while others are created exclusively by the states. However, there are still laws created by both the state and federal governments together.
Federal statutory law must go before both the House of Representatives and the Senate. Therefore, when Senate and House of Representatives committees evaluate federal bills, the primary purpose is to ensure that the law is valid and acceptable.
However, in the United States, if the Supreme Court finds a state statutory law unconstitutional, the law is brought before the Supreme Court to debate its merits. After arguments, if the Supreme Court still finds the law unconstitutional, then they have the power to cancel that law.
For example, in Lawrence v. Texas, the U.S. Supreme Court struck down a sodomy law because the law violated the equal protection clause.
What Is A State Statute?
All states have a legislative branch that ratifies state statutes, an executive branch that publicizes state regulations according to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns state statutes and local ordinances.
The Legal Definition of Law
The legal definition of law is that it is a mandatory custom or practice of a municipal location. This means that a rule that has been formally recognized is considered a law and can be enforced by a controlling governing authority (i.e., police).
Constitutional law outlines the roles, powers, and structure of various entities within a state, such as
- Executive
- Legislature
- Judiciary
Constitutional law provides the fundamental rights of citizens and the relationship between the federal, state, and local governments in the United States.
The United States Constitution is the supreme law of the land, meaning no other law (federal or state) may infringe upon it. Every state must follow federal laws (statutes) enacted by the United States Congress. The state may then enact state statutes, which apply to everyone within the state.
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Case law is the compilation of past legal verdicts recorded by courts in determining case outcomes. When a judge reviews new cases similar to previous rulings, that judge is bound to past decisions made by the judiciary branch of government. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.
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Statutes are laws created by legislation and formally written down. Federal laws are based upon the United States Constitution, while state laws are located in that state's codebooks. Therefore, all statutory laws, whether federal, state, or local, must be constitutional. Statutory laws that are found not to be constitutional can result in the Supreme Court ruling to have that law overturned. Statutory is defined as "required, permitted, or enacted by statute" or "carrying a penalty prescribed by statute." When this term is applied to law, it means that the law is created by the legislation and is formally written and enacted.
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Video Transcript
What Is a Statute?
'You can't do that. It's the law.'
We all know that 'the law' tells us what we can and can't do, and that 'the law' is enforceable by the government. But what is 'the law' exactly? Where does it come from, and what forms does it take? There are a few types of laws, one of which is statutory law, or statutes. How do statutes work, and how do they differ from other sources of law?
A statute, is a law that has been enacted by a legislature, which is the body that has been granted the power by a constitution to enact legislation, or laws. When a statute is passed, it becomes law and therefore part of statutory law. The federal legislature of the United States is the United States Congress. Each state has its own legislature, which enacts laws for that state. Once enacted by the legislature, statutes are signed into law by the chief member of the executive branch - the president for federal statutes and the governor for state statutes. Statutes are drawn together and organized by subject in what are called codes.
Simply put, a statute is a specific statement of the law on a particular issue. For example, a state statute might state that a dog owner is liable for any injury caused if his or her dog bites someone if the owner already knew about the dog's dangerous biting propensity. This state statute would be binding for all citizens of that state.
Interacting with Other Laws
There are a few other types of laws, besides statutes, including constitution and case law. How do statutes differ from these other types of law, and how do they interact? There is a hierarchy of laws, whether it's on the federal level or within a state. The U.S. Constitution has supremacy over all statutes, meaning that a federal or state statute can't be in violation of the Constitution. So, for example, because the U.S. Constitution says that a U.S. senator must be at least 30 years old, that means that Congress cannot enact a law that says that a senator can be younger than 30. Similarly, a state statute cannot be in violation of the constitution of that state.
Case law applies and interprets relevant statutes for the applicable jurisdiction. A jurisdiction in this context is the relevant geographical area of legal authority, such as a specific state. However, jurisdiction can be more than geography, there is also a topical jurisdiction that covers divorce, mental health, child support, veterans, etc. Judges who preside over court cases are tasked with applying statutory law to specific situations. Case law must follow the relevant statutory law from the applicable jurisdiction and cannot go against it. The exception to this is that a court can find that a statute is unconstitutional and therefore invalid.
An individual statute, which can be as short as just a sentence, can't possibly explain the ins and outs of every situation that might be covered by the statute. For example, let's imagine that there is a dog owner who knows that her dog has the propensity to bite because the dog has bitten her once before. In order to comply with the state statute, the owner keeps the dog in a fenced backyard with a warning sign on the fence. A neighbor comes over to pet the dog over the fence and is bitten. This could be a case that ends up going to trial to determine if the owner has any civil liability for the neighbor's injury, given the specifics of the situation. The dog bite statute itself, which might be just a couple of sentences long, wouldn't contain all of the answers.
Lesson Summary
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A statute is a law that has been enacted by either a federal or a state legislature. Statutes are organized by subject into codes. There is a hierarchy of laws, and a statute comes below the applicable constitution, which the statute must not violate. Case law applies and interprets statutes from the applicable jurisdiction.
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