What Is The Statutory Law?

Statutory law is the framework for our society and how we keep justice maintained. It is good knowledge and understanding to have of our culture and how it functions.

Statutory law is crucial to our survival in the judicial system and whether or not we are protected in our society. It is the basis for much of our law and how our governmental bodies function.

Statutes are defined as laws which are passed by the federal Congress and the various state legislatures. These statutes are the basis for statutory law. The legislature passes statutes which are later put into the federal code of laws or pertinent state code of laws.

Statutory law also includes local ordinances, which is a statute passed by a county government to guard areas not covered by federal or state laws. Statutory law also covers areas which are governed exclusively by statutory law and where case law has no impact.

Corporate law and wills and probate administration are two areas governed by state statutes while patent, copyright and trademark laws are governed by federal statutes. Consumer law is covered by both state and federal statutes while protecting consumers from deceptive trade practices and any unsafe products and activities that threaten a consumer.

Employment law is mostly governed by federal statutes while each state also has statutes which govern certain areas of employment. Antitrust laws function in much the same way. It is governed by federal statutes while states also have their own relevant statutes.

Statutory law differs from common law which is that law which is announced in court decisions or case laws. Statutory law constituted a small part of our law compared to common law during the early years of the development of our nation. Since that time statutory law has expanded considerably by codifying, or arranging topically, common law doctrines through the enactment of statutes.

Statutory law has also formed out of necessity. Certain businesses need to be regulated as do some activities. The Environmental Protection Agency is an agency which has statutes and regulations to protect the public and enforce laws. Having bodies of law in this manner also gives some uniformity among the states rather than haphazardly relying on varying case law.

A court's interpretation of a statute may also become a precedent that lower courts must follow in issuing their decisions. In this manner, statutory law and common law become one since courts must interpret and apply statutory law. And remember that common law is case law and thus the interpretation of statutes.

So, while statutory law provides the framework by which our judicial system operates, it coexists in a way that allows interpretation even of these laws and forms the basis of common law. Much in the legal system is a gray area in the room there is for interpretation. A statute may appear to stand alone and speak for itself but there will always be someone who will attempt to contest it and make their plight convincing. But statutory law provides the basis for our system and it does have its value in that. Without it, our country would run rampant with gray areas relating to the common law.

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