Statutory Law: Where And How It Applies

Statutory law is a type of law that applies across the United States, enacted by a legislative body and written down. In the US, statutory law is created and passed by the legislative branch of the government. It is the primary type of law used by the judicial system. It is also known as statutes, which are written laws that can be found in databases or books. These laws are created through a process of legislation, whereby a bill is proposed, voted on, and then passed to the executive branch. If the bill is signed, it passes into law as a statute. Statutory law can be created at the federal, state, or local level, with federal law taking precedence over state or local laws.

Federal vs. State Law

Federal law applies to the entire United States, encompassing all 50 states, the District of Columbia, and U.S. territories. It is created at the national level and is based on the U.S. Constitution, which establishes government power and responsibility while preserving the basic rights of every citizen. Federal laws cover areas such as Social Security, federal criminal laws (e.g., tax fraud, money counterfeiting), patent and copyright laws, and federal anti-discrimination and civil rights laws.

On the other hand, state law refers to the laws of each individual state within the U.S. and is applicable only within that specific state. State laws govern areas such as divorce and family matters, welfare and public assistance, wills and inheritances, real estate, personal injuries, and workers' compensation. Each state has its own system of laws and courts, and these laws are enacted by the state legislature and signed by the state governor.

In the event of a conflict between federal and state laws, federal law prevails. The U.S. Constitution ensures that federal law takes precedence and that no state law can abolish or reduce the rights afforded by it. However, if a state law affords more rights to its residents than federal law, it is generally presumed to prevail within that state.

The U.S. court system reflects this federalist structure, with both federal and state court systems in place. The federal court system includes the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts, while the state court system typically includes a Supreme Court or Court of Last Resort, an intermediate Court of Appeals, and state trial courts.

In summary, federal law applies uniformly across the nation, while state laws vary from state to state, addressing issues specific to each state's residents and businesses.

Public vs. Private Law

Public law and private law are two distinct areas of law with different focuses and applications. While public law deals with the relationships between private individuals or organisations and public bodies, private law governs the relationships between individuals in a legal system.

Public Law

Public law is a set of rules that govern the relationships between private individuals or private organisations and public bodies, such as government departments and local authorities. It covers how people interact with various organisations, working to ensure people are treated fairly and to prevent any abuse of power by a public body. Public bodies include national and local governments, as well as areas such as education, healthcare, immigration, the police, and prison services. Public law also shapes organisational structure and operation, ensuring that various bodies act lawfully.

Public laws are intended for general application and affect society as a whole or a class of individuals. For example, traffic laws are public statutes that apply uniformly across the general public.

Private Law

Private law, on the other hand, applies to circumstances relating to relationships between individuals and governments within a legal system. It is also referred to as common law and includes property law, family law, contract law, mercantile law, and tort law. Private law often covers areas such as employment and organisational rules, such as no smoking policies in workplaces.

Private laws are enacted for the benefit of a particular individual or small group. For example, immigration matters or claims against the government are considered private laws as they affect specific groups of people.

It is important to note that public law and private law are not entirely separate and can sometimes influence each other. For instance, employment law can impact both an individual and a group of people.

Common Law vs. Statutory Law

There are two main types of law within the legal system: common and statutory law. Both types set a standard of acceptable behaviour and justice for citizens and their governments. However, they differ in their origins and applications.

Common law, also known as "case law", is uncodified, meaning it is not compiled into rules and statutes. Instead, common law relies on precedent. Past rulings from federal, state, or local courts set a precedent for future cases. These precedents are legally binding in lower courts. However, if a lower court feels that the precedent is outdated or not relevant to the case, they can choose to deviate or modify it.

Statutory law, on the other hand, is based on current statutes or written laws. It is also known as civil law and is strict in its application. Statutory law is codified and encompasses compiled legislation passed at the local, state, or federal level. An example of a statutory law is a traffic law, such as driving with a suspended license.

While common law is based on past judicial opinions, statutory law is created and passed by the legislative branch of the government. In the United States, federal statutory laws are passed by Congress and signed by the President, while state laws are passed by the state legislature and signed by the state governor.

Both common and statutory laws play essential roles in the legal system. Understanding their differences can help individuals better comprehend their rights and how the law is applied.

Where Does Statutory Law Apply?

Statutory law can be applied at the federal, state, or local level. Federal laws are passed by Congress and signed by the President, applying across the entire country. State laws are passed by the state legislature and signed by the state governor, only applying within that specific state. Local laws are passed at the city or county level by councils and are often referred to as "ordinances".

Legislative vs. Executive Branch

The US Constitution divides the federal government into three distinct branches: the legislative branch, the executive branch, and the judicial branch. This separation of powers ensures that no individual or group wields too much power and creates a system of checks and balances.

Legislative Branch

The legislative branch is responsible for making laws. It comprises the House and the Senate, collectively known as Congress. In addition to lawmaking, the legislative branch also declares war, regulates interstate and foreign commerce, and controls taxing and spending policies. It also drafts proposed laws and confirms or rejects presidential nominations for heads of federal agencies, federal judges, and the Supreme Court.

Executive Branch

The executive branch enforces the laws created by the legislative branch. It is led by the President, who is the head of state, the leader of the federal government, and the Commander-in-Chief of the US armed forces. The Vice President supports the President and assumes the role in their absence. The executive branch also includes the President's Cabinet, which serves as advisors to the President, and various departments and agencies that support the President and help enforce the law.

The Lawmaking Process

The lawmaking process involves collaboration between the legislative and executive branches. A bill is first proposed and voted on by the legislative branch. If approved, it is sent to the executive branch for signature. The executive branch can choose to pass the bill into law or veto it. If vetoed, the bill is returned to the legislative branch, which can override the veto with a two-thirds majority vote. This process ensures that both branches have a say in creating the laws that govern the country.

How to Find a Code Section by Citation

Statutory law is created and passed by the legislative branch of the government. These laws are based on the premise that every word included in them has a specific purpose and meaning. Statutory laws are written laws that can be found in databases or books. They are often codified, meaning they are numbered, collected, and indexed in one place.

In the United States, the official federal code is the United States Code (U.S.C.). It is a consolidation and codification of the general and permanent laws of the United States, arranged by subject matter under 50 title headings, largely in alphabetical order. The U.S.C. is published every six years, with annual supplements released in between editions.

To find a code section in the U.S.C., you would need to know the title number, the abbreviation of the code, and the section number. The citation format is as follows:

[Volume number] [U.S.C.] [§] [Section number] ( [Year], if applicable)

For example, 15 U.S.C. § 77a (2018). Here, "15" is the title number, "U.S.C." is the abbreviation for the United States Code, "§" is the section symbol, "77a" is the section number, and "2018" is the year of the cited code edition.

It is important to note that the date in a citation refers to the year of the code edition and not the year the statute was enacted or amended. Additionally, when citing an individual section or sections, you can drop the name of the act and include only the title number, code abbreviation, and section number.

In addition to the official U.S.C., there are two unofficial annotated codes: the United States Code Annotated (U.S.C.A.) and the United States Code Service (U.S.C.S.). These codes are published by commercial vendors and include search tools such as indexes, case citations, and name tables. When citing these codes, you must include the name of the publisher, such as "West" or "LexisNexis."

The citation format for the unofficial codes is similar to the U.S.C., with the addition of the publisher:

[Volume number] [U.S.C.A. or U.S.C.S.] [§] [Section number] ( [Publisher] [Year], if applicable)

For example, 15 U.S.C.A. § 77a (West 2009). Here, "15" is the title number, "U.S.C.A." is the abbreviation for the United States Code Annotated, "§" is the section symbol, "77a" is the section number, "West" is the publisher, and "2009" is the year of the cited code edition.

When citing online versions of the codes, include the legal service provider's name and the currency of the database. For example:

15 U.S.C.A. § 77a (Westlaw through Pub. L. No. 116-32)

In conclusion, to find a code section by citation, you need to know the title number, code abbreviation, section number, and year (if applicable). The specific format of the citation may vary depending on whether you are citing the official U.S.C. or one of the unofficial annotated codes, and whether you are citing a print or online version.

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