Statutory Law: Where And How It Applies

Statutory law is a term used to define written laws, usually enacted by a legislative body. In the United States, statutory law is established by an act of the legislature that is signed by the executive. For federal statutory law, the acts are passed by Congress and signed by the President. Each state has its own state statutes, found in state codes. For example, in Washington State, this is called the Revised Code of Washington. Cities and counties have their own codes, which are passed by city or county councils.

Federal vs State Law

Federal law applies to the entire nation, including all 50 states, the District of Columbia, and U.S. territories. It is created at the national level by the federal government and is based on the U.S. Constitution, which establishes government power and responsibility, as well as the preservation of the basic rights of every citizen. Federal laws cover areas such as Social Security, federal criminal laws, 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 are enacted by the state legislature and signed by the governor. They cover areas such as divorce and family matters, welfare and public assistance, wills and inheritances, real estate, personal injuries, and workers' compensation.

In the U.S. judicial system, both federal and state laws play a crucial role. The U.S. Constitution establishes a federal system of government, where power is shared between the federal government and the state governments, each with its own court system. While federal law takes precedence over state law in cases of direct conflict, state laws can afford more rights to residents than federal laws. State laws are crucial for addressing issues specific to each state and ensuring that the rights of citizens, as enshrined in the U.S. Constitution, are not violated.

The process of creating statutory law involves a legislative body proposing a bill, which is then voted on. If approved, the bill passes to the executive branch (the President of the United States or the state governor), who can sign it into law or veto it. If vetoed, the legislature can override the veto with a two-thirds majority vote. Federal laws are given a number and are published in formats such as slip laws, session laws, and codified laws.

Public vs Private Law

Statutory law, also known as statutes, is created and passed by the legislative branch of the government. These are written laws that are often codified, meaning they are numbered, collected, and indexed in one place.

Statutes are separated into two main categories: public and private. Public statutes are laws that apply to the general public, such as traffic laws, while private statutes concern specific individuals or groups, such as immigration matters.

Public Law

Public law governs the relationships between private individuals or organisations and public bodies, such as government departments and local authorities. It deals with issues that affect the general public or society as a whole. Public bodies include national and local governments, as well as areas like education, healthcare, immigration, police, prison services, the justice system, and regulatory bodies. Public law ensures that these organisations operate fairly and reasonably and that people are treated fairly by them. It also shapes their structure and operation, ensuring they act lawfully.

Private Law

Private law, also known as common law, regulates relationships between individuals and private entities. It covers areas such as contracts, property, and corporation law. Private law governs the relationship between individuals and the government and includes the law of property and trusts, family law, contract law, mercantile law, and the law of tort.

The main difference between public and private law is whether the act affects society as a whole or an issue between two or more people. Public law is the regulation of the legal system itself, while private law deals with relationships between individuals and private entities. However, it's important to note that public and private law can sometimes influence each other and are not always separate. For example, employment law could impact both an individual and a group of people.

Common Law vs Statutory Law

Common Law vs. Statutory Law

There are two main types of law within the legal system: common law and statutory law. Both types of law 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, it relies on precedent set by past judicial rulings of federal, state, or local court cases. These precedents are legally binding in lower courts, though lower courts can deviate or modify the precedent if they feel it has become outdated or does not closely relate to the case at hand.

Statutory law, on the other hand, is based on current statutes (written laws) passed by a legislature. Statutory laws are precisely written and interpreted literally, leaving little room for interpretation. They are often codified, meaning they are numbered, collected, and indexed in one place. Statutory laws are created by the legislative branch of the government and interpreted and enforced by the judicial branch.

While common law promotes consistent interpretation, statutory law is flexible, as it can be overturned or changed if found to be unconstitutional or expired.

An example of common law is the recognition of common-law marriage, which grants couples who meet certain conditions the same rights as married couples. In contrast, examples of statutory laws include traffic laws, such as running a red light, and drug laws, such as those regarding drug possession.

Legislative vs Executive Branch

The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This ensures that no individual or group will have too much power.

Legislative Branch

The legislative branch is made up of the House and Senate, known collectively as the Congress. The legislative branch's roles include:

• Making all laws
• Declaring war
• Regulating interstate and foreign commerce
• Controlling taxing and spending policies
• Drafting proposed laws
• Confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court

Executive Branch

The executive branch consists of the President, their advisors, and various departments and agencies. The executive branch’s key roles include:

• The President is the head of state, leader of the federal government, and Commander in Chief of the United States armed forces.
• The Vice President supports the President. If the President is unable to serve, the Vice President becomes President. The Vice President also presides over the U.S. Senate and breaks ties in Senate votes.
• The Cabinet serves as advisors to the President. They include the vice president, heads of executive departments, and other high-ranking government officials. Cabinet members are nominated by the President and must be approved by the Senate.

While the legislative branch makes the laws, the executive branch enforces them. The legislative branch creates and passes statutory law, which is then interpreted and enforced by the executive branch. The executive branch also has the power to veto laws created by the legislative branch.

How to Find a Code Section by Citation

A citation is a reference to a legal authority. It is important to follow a standard format for citing legal materials so that anyone using a law library can find the resources cited.

Statutory law is made by the federal and state legislative branches of the government. Statutory law is published in codes. The United States Code contains statutes passed by Congress, and each state also publishes its own statutory code.

• Identify the Appropriate Code: If you are researching a United States Code citation, you can use any of the three federal statutory codes: United States Code Annotated (U.S.C.A.), United States Code Service (U.S.C.S.), or the official United States Code (U.S.C.).
• Identify the Correct Title: The United States Code is divided into 50 titles, and within all three versions of the code, the titles are arranged numerically. In your citation, the title will come before the code abbreviation.
• Determine the Section Number: The section number follows the code abbreviation in your citation.
• Locate the Code in the Law Library: Once you have identified the appropriate title and section number, you are ready to find the code. The titles are printed on the spine of the volumes. Often, one title will span several volumes. Locate the volume containing your title and turn to the appropriate section number.
• Check for Amendments or Changes: After finding your section, check for any amendments or changes. Refer to the pocket part (in the back cover of the volume) or the softbound supplement (shelved immediately after your volume). For electronic code versions, check when the version was last updated.

It is important to note that citation formats for statutes can vary across state and federal systems, but there are similarities. A federal statutory citation typically includes the title or chapter number of the code, the abbreviated name of the code, the section or part number, and the year of the code.

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