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statute |
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statute, in law, a formal, written enactment by the authorized powers of a state. The term is usually not applied to a written constitution constitution, fundamental principles of government in a nation, either implied in its laws, institutions, and customs, or embodied in one fundamental document or in several. ..... Click the link for more information. but is restricted to the enactments of a legislature. Statute law is to be distinguished chiefly from common law common law, system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local ..... Click the link for more information. , which may be defined as the body of legal rules derived from judicial decisions and custom. On most of the European continent all (or nearly all) the law is statutory and each field is subsumed by a code code, in law, in its widest sense any body of legal rules expressed in fixed and authoritative written form. A statute thus may be termed a code. Codes contrast with customary law (including common law ), which is susceptible of various nonbinding formulations, as in ..... Click the link for more information. . In England and the United States, however, common law retains great importance, but with the expansion of government regulation there has been an immense growth in the statute law of those countries. In order to guide the courts many important statutes contain (usually in a preamble) a statement of the abuses that the legislation is intended to cure or of the general legislative intent. Statutes are classified in various ways. Public statutes (e.g., those establishing crimes) are universal in application, while private statutes (e.g., one compensating a named person for injury) are limited. Public statutes may be local, i.e., affecting only part of the area over which the legislature has authority, or general. Statutes that explain or clarify previous enactments or rules of common law are sometimes called declaratory statutes. |
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