Also known as:acts of legislation · legislative act · legislative acts · statute · legislation
Written by attorneys · grounded in primary & secondary sources — see below
A formal enactment by a legislative body that alters existing law or creates new legal rules. The enactment takes effect according to its terms or applicable constitutional and statutory requirements governing publication and effective dates.
Sources & Authorities
How it applies
Common Examples
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Risk of Loss After Fire
Aaron Adams contracted to buy a house from Atlas Ventures. Before closing a fire destroyed the house. An act of legislation in the state placed the risk of loss on the buyer at contract formation. Aaron remained obligated to pay the full purchase price.
Voting Rights Challenge
State officials refused to register Angela Acosta to vote because of her sex. An act of legislation enforcing the Nineteenth Amendment prohibited denial of the vote on account of sex. The court ordered her registration.
Unsigned Pleading Struck
Alfred Ashford filed a complaint without any signature. An act of legislation authorizing Federal Rule of Civil Procedure 11 required every pleading to be signed. The court struck the complaint after the omission was called to counsel's attention.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Oral Lease Enforced
Avalon Pharmaceuticals orally leased warehouse space from Anchor Bank for six months. An act of legislation in the controlling Statute of Frauds permitted oral leases not exceeding one year. The lease was held valid and enforceable.
Implied Federal Claim
Albert Allen sued state officers for an alleged constitutional violation without an express statutory cause of action. An act of legislation interpreted in the Supreme Court decision permitted federal-question jurisdiction when the plaintiff alleged a right arising directly under federal law. The district court retained the case.
Supplemental Jurisdiction Added
Antonio Alvarado brought a federal claim in district court and added a related state-law claim against an additional defendant. An act of legislation in 28 U.S.C. § 1367 granted supplemental jurisdiction over claims forming part of the same case or controversy. The court exercised jurisdiction over the state claim.
Common questions
Frequently Asked
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How does an act of legislation differ from a judicial decision?+
An act of legislation is a formal enactment by a legislative body that changes or creates law prospectively. A judicial decision interprets existing law and applies it to specific facts. The two sources of law operate under different constitutional constraints and effective-date rules.
Supporting sources
When does an act of legislation take effect?+
An act of legislation takes effect according to its own terms or the default rules supplied by the constitution or other statutes of the enacting jurisdiction. Courts apply the effective date stated in the enactment itself unless it is constitutionally infirm.
Supporting sources
Can an act of legislation be challenged after enactment?+
Yes. Once enacted an act of legislation remains subject to constitutional review in an appropriate case. Courts may declare it void if it violates a higher law such as the federal or state constitution.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…and unlimited government is abolished. Either the Constitution is superior and paramount or it is on a level with ordinary legislative acts. If the former, then a legislative act contrary to the Constitution is not law. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply…