Justice Courts: Understanding Statutory Law Application

Statutory law, also known as legislation, is created through a formal process that involves drafting, debating, and voting on bills by a legislative body. It includes laws that are written and codified in statutes, codes, regulations, and ordinances. Statutory law is the primary type of law used by the judicial system. Once created, the judicial branch interprets and enforces it by applying it to court cases. Statutory law is applied in justice courts when there are specific laws or legislation relevant to a particular matter.

Statutory law vs common law

Statutory law and common law are two distinct legal systems that form the foundation of many countries' legislation. While both are essential for serving justice, they differ in their creation, application, and impact on society.

Creation of Statutory Law and Common Law

Statutory law, also known as statutes, is created and passed by the legislative branch of the government. These are written laws that are enacted through a formal legislative process. A bill is proposed, voted on, and if approved, passed to the executive branch. The executive can either sign the bill into law or veto it. Statutory laws are based on the premise that each word is chosen for a specific reason and is precisely written, leaving little room for interpretation.

On the other hand, common law is created by the judiciary branch. It evolves over time through decisions made by judges in similar court cases. This system relies on the doctrine of stare decisis, where judges base their judgments on previous rulings, known as precedents. Common law is flexible and adaptable, allowing judges to interpret and shape the law to ensure it remains relevant and responsive to societal changes.

Application and Impact of Statutory Law and Common Law

Statutory law provides a standardized and codified set of rules that apply uniformly across the general public. These laws are precise and leave little room for interpretation, offering clarity and predictability in legal outcomes. Amending statutory laws requires a formal legislative process, which can be time-consuming.

In contrast, common law allows for a more nuanced and flexible approach. Judges can interpret the law based on the unique circumstances of each case and make decisions tailored to the specific facts. Common law adapts to societal changes, technological advancements, and evolving perspectives. However, the reliance on judicial interpretation can lead to variations in how the law is applied, potentially introducing uncertainty and inconsistency in legal outcomes.

Examples of Statutory Law and Common Law

Examples of statutory law include traffic violations, such as running a red light, and the minimum legal drinking age.

Common law, also known as case law, can be seen in situations where judges refer to similar past cases to determine the current case's outcome. For instance, in employment law, while the statutory law might state a minimum standard for termination notice, common law might require employers to provide "reasonable notice," which could be interpreted as a longer period.

How statutory law is created

Statutory law, or statutes, are laws established by an act of the legislature. In the United States, federal statutory law is created when acts are passed by Congress and signed by the President. For state law, acts are passed by the state legislature and signed by the state governor. In rare cases, the President or governor can refuse to sign a bill or reject it, which is called a "veto". However, the legislature can override this veto with a two-thirds majority of votes.

The process of creating statutory law begins with the introduction of a bill or resolution in one of the chambers of Congress, where it is referred to a committee. The committee then holds hearings and recommends passage before sending it to the other chamber. If the bill is approved by both chambers of Congress, it goes to the President for signature. Once signed, it becomes a Public Law and receives a Public Law number based on the Congress and when it was issued. For example, P.L. 101-5 would be the fifth law enacted in the 101st Congress.

Public laws are first published as slip laws, which are individual laws published separately. Subsequently, all the slip laws for each session of Congress are published together as "session laws" or "Statutes at Large". The Statutes at Large include all laws passed by Congress, both public and private, in the order they were passed. They also contain other important documents such as treaties, international agreements, and presidential proclamations.

Finally, the laws are organised by subject, indexed, and published in the United States Code. The United States Code consists of 50 separately numbered titles, each dealing with a specific subject. This enables researchers to find laws without knowing their date of passage. The United States Code is a consolidation and codification of the general and permanent laws of the United States, prepared by the Office of the Law Revision Counsel of the United States House of Representatives.

How statutory law is interpreted

Statutory interpretation is the process by which courts interpret and apply legislation. In many cases, there is some ambiguity in the words of a statute that must be resolved by a judge. To find the true meaning of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose.

In the United States, there are two main theories of statutory interpretation: purposivism and textualism. Purposivists focus on the legislative process and the problem that Congress was trying to solve by enacting the disputed law. Textualists, on the other hand, emphasize the text of a statute, believing that everything the courts need is enumerated in the text of legislative statutes.

Regardless of their interpretive theory, judges use many of the same tools to gather evidence of statutory meaning. They often begin by looking at the ordinary meaning of the statutory text and the broader statutory context. Judges may also turn to the canons of construction, which are guides and presumptions about how courts ordinarily read statutes. Additionally, courts may look at the legislative history of a provision and consider how a statute has been implemented.

Statutory interpretation first became significant in common law systems, of which England is historically the exemplar. In Roman and civil law, a statute guides the magistrate, but there is no judicial precedent. In England, Parliament historically failed to enact a comprehensive code of legislation, so it was left to the courts to develop the common law. As a result, a particular interpretation of a statute would also become binding, and it became necessary to introduce a consistent framework for statutory interpretation.

In the construction (interpretation) of statutes, the principal aim of the court must be to carry out the "intention of Parliament". The English courts developed three main rules to assist them in this task: the mischief rule, the literal rule, and the golden rule.

Statutes may be presumed to incorporate certain components, as Parliament is "presumed" to have intended their inclusion. For example, offences defined in criminal statutes are presumed to require mens rea (a guilty intention by the accused). Additionally, a statute is presumed to make no changes to the common law and not to remove an individual's liberty, vested rights, or property.

The process of statutory interpretation is complex and involves a great deal of research and consideration of various factors. Judges must be sharp when it comes to language and use words in ways that are exact and express the precise meaning intended by the legislature.

How statutory law is enforced

Statutory law is enforced by the judicial branch of the government, which interprets and applies it to court cases. However, the judicial branch does not create statutory laws—that is the role of the legislative branch. In the United States, federal statutory laws are passed by Congress and signed by the President, while state laws are passed by state legislatures and signed by state governors.

Once a bill is passed by Congress and signed by the President, it becomes a Public Law and receives a Public Law number. For example, P.L. 117-5 would be the fifth law enacted in the 117th Congress. To become a fully enforceable statutory law, a Public Law must be published three times. First, it is published as a "'slip law' by the Office of the Federal Register (OFR) as part of the Federal Register Publications System. Second, it is published in the United States Statutes at Large, which includes all the statutory laws passed in the most recent session of Congress. Finally, it is published and integrated into the pre-existing body of law, currently compiled in the United States Code.

The United States Code is a collection of all the "general and permanent laws" of the United States, organised by subject and assigned a title. For example, Title 51 of The United States Code concerns National and Commercial Space Programs. This compilation is published every six years and was first released in 1926.

While the judicial branch enforces statutory law, it has little latitude when doing so. Courts generally interpret and apply statutory laws strictly and are not able to "read between the lines" to liberalise their application. Instead, they are bound by the express terms of the law.

The role of precedent

Precedent plays a crucial role in the application of statutory law in justice courts. Precedent, a core aspect of common law, relies on previous judicial decisions to guide current and future cases. It establishes consistency, stability, and predictability within the legal framework.

In the context of statutory law, precedent refers to the interpretation and application of statutes by courts. Once a court interprets a statute, other courts typically enforce the statute as interpreted, similar to the principle of stare decisis in common law. This ensures uniformity and consistency in the application of statutory law across different cases.

However, the interpretation and application of statutory law can also be influenced or modified by subsequent legislation or court decisions. For example, if a statute is ambiguous, courts have the freedom to interpret it, and their interpretation sets a precedent for future cases. On the other hand, if a statute directly addresses an issue previously decided by precedent, it can supersede common law and create new precedents.

In addition, statutory law can be amended or repealed through the legislative process, allowing for adaptations to be made over time. This evolution of statutory law can further impact the role of precedent, as new legislation may modify or overturn established precedents.

In summary, the role of precedent in the application of statutory law is complex and dynamic. While precedent provides consistency and stability, it can also be influenced and shaped by subsequent legislation, court decisions, and amendments to statutory law.

Frequently asked questions