Keith Mack
Statutory law is created by a legislative body, such as the U.S. Congress or a state legislature. It is a written law enacted by the legislature and signed by the executive branch of the government, which could be the President of the United States or a state governor. The process involves a bill being proposed, voted on, and, if passed, sent to the executive to be signed into law. This process is known as the legislative history of a bill and can be very useful in understanding the law's foundation and purpose. Statutory law is precise and leaves little room for interpretation, with each word chosen for a specific reason.
| Characteristics | Values |
|---|---|
| Type of law | Statutory law |
| Creators | Legislative body, such as the U.S. Congress or the State of Maryland General Assembly |
| Examples | Public laws, Private laws |
| Process | A bill is proposed, voted on, and if passed, sent to the executive branch for signing |
| Federal statutory law | Acts passed by Congress and signed by the President of the United States |
| State statutory law | Acts passed by the state legislature and signed by the state governor |
| Veto | If the executive branch vetoes, the legislature can override with a two-thirds majority |
| Codes | Federal laws are found in the United States Code; each state has its own state statutes in state codes |
| Legislative history | Documents created during a bill's progress, including revisions, debates, hearings, and reports |
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What You'll Learn
- Statutory law is created by a legislative body
- Federal statutory law is passed by Congress and signed by the President
- State law is passed by the state legislature and signed by the state governor
- Cities and counties have their own codes, passed by city or county councils
- Common law is created by a judicial body
Statutory law is created by a legislative body
Statutory law is a precisely written law enacted by a legislative body. It differs from regulatory, administrative, and common law. While regulatory or administrative laws are passed by executive agencies, common law is generated through court decisions.
Statutory law in the United States consists of the laws passed by the legislature. For federal statutory law, the acts are passed by Congress and signed by the President of the United States. For state law, the acts are passed by the state legislature and signed by the state governor. In rare circumstances, the executive (President or governor) may refuse to sign the bill or reject it, which is known as a "veto". When this happens, the legislature (Congress at the federal level) can override the veto with a two-thirds majority of votes.
A law begins as a bill proposed in the legislature and voted upon. The proposed bill can go through several hearings, edits, and votes before being approved. These processes become the law's legislative history and can be very useful information when determining a law's foundation and purpose. Once approved by both houses of the legislature, the bill passes to the executive branch, and if signed, passes into law as a statute.
Public laws relate to the general public, while private laws relate to specific institutions or individuals. Most of the laws passed by Congress are public laws. Once a bill is passed by Congress and signed by the President, it becomes a Public Law. The legislation receives a Public Law number based on the Congress and when it was issued.
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Federal statutory law is passed by Congress and signed by the President
Federal statutory law is created by the federal government, with acts passed by the United States Congress. These acts are designated as Public Laws or Private Laws. Public laws relate to the general public, while private laws concern specific institutions or individuals. Most of the laws passed by Congress are public laws.
The process begins with a bill proposed by a legislative body, which is then voted on. The bill may go through several hearings, edits, and votes before being approved. Once a bill is passed by Congress, it is sent to the executive branch of the government, which is the President of the United States. If the President signs the bill, it becomes a law. This law is then given a Public Law number based on the Congress and when it was issued.
In some rare circumstances, the President may refuse to sign the bill, exercising their right to veto it. However, Congress can override this veto with a two-thirds majority of votes.
Federal statutory law is precise and leaves little room for interpretation. Lawyers may argue for interpretations and challenge the definition of the law, but the premise of statutory law is that every word is chosen for a specific reason.
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State law is passed by the state legislature and signed by the state governor
In the United States, statutory law at the federal level is passed by the legislative branch, specifically by the United States Congress. These acts are designated as either Public Laws or Private Laws. Public laws relate to the general public, while private laws concern specific institutions or individuals. Once a bill is passed by Congress and signed by the President, it becomes a Public Law.
State law, on the other hand, is passed by the state legislature and signed by the state governor. Each state has its own state statutes, which can be found in state codes. For example, in Washington State, this is called the Revised Code of Washington. Similarly, cities and counties have their own codes, which are passed by city or county councils.
The process of creating a law begins with a bill proposed in the legislature, which is then voted on. The bill may go through several hearings, edits, and votes before being approved. These steps become part of the law's legislative history, which can provide valuable context for understanding the law's foundation and purpose. After passing both houses of the legislature, the bill is sent to the executive branch, which can approve it, or veto it. In some cases, the legislature can override a veto with a two-thirds majority vote.
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Cities and counties have their own codes, passed by city or county councils
In the United States, statutory law is made up of laws passed by the federal legislature, which are then signed by the President to become Public or Private Law. Public laws are those that apply to the general public, while private laws concern specific institutions or individuals. Federal statutory laws are found in the United States Code.
Each state has its own state statutes, which are found in state codes. For example, Washington State has the Revised Code of Washington. These state codes are a compilation of all the permanent laws in force in that state, with amendments added and repealed laws removed.
Cities and counties also have their own codes, passed by city or county councils. These are known as municipal codes and are a collection of laws passed by a local governing body, such as a city or county council. These codes are often referred to as ordinances and have binding authority on all individuals and entities within the local jurisdiction. They are published in subject compilations, with major divisions and subdivisions, and are typically available in both print and electronic versions. For example, the Los Angeles Municipal Code is abbreviated as L.A.M.C. and each section is numbered, so L.A.M.C. § 48.02 refers to section 48.02 of the code.
These municipal codes are an important part of the legal framework, providing specific regulations for cities and counties, and allowing for local control and governance.
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Common law is created by a judicial body
Statutory law in the United States is made up of laws passed by the legislature. Federal statutory laws are acts passed by Congress and signed by the President. State laws are passed by the state legislature and signed by the state governor.
Common law, on the other hand, is created by a judicial body. It is a body of unwritten laws based on legal precedents set by previous rulings in similar cases. It is also known as case law, judicial precedent, or judge-made law. The doctrine of precedent, or stare decisis, developed during the 12th and 13th centuries, as the collective judicial decisions that were based on tradition, custom, and precedent. The form of reasoning used in common law is known as casuistry or case-based reasoning.
The common law, as applied in civil cases, was created as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as a way of developing the body of law recognizing and regulating contracts. The type of procedure practised in common law courts is known as the adversarial system, which is also a development of the common law.
The English common law originated in the early Middle Ages in the King's Court (Curia Regis), a single royal court set up for most of the country at Westminster, near London. It did not originally consist of substantive rights but rather of procedural remedies. Over time, the working out of these remedies has produced the modern system in which rights are seen as primary over procedure.
Common law is deeply rooted in stare decisis ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a ""case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent.
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Frequently asked questions
Statutory law is created by a legislative body, such as the U.S. Congress or the State of Maryland General Assembly.
A legislative body first proposes a bill, which is then voted on. The proposed bill can go through several hearings, edits, and votes before being approved. Once approved by both houses of the legislature, the bill passes to the executive branch. If signed, it passes into law as a statute.
No, the judicial branch cannot create statutory laws. However, they can create common law through decisions made over time, which becomes precedent for similar future cases.
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