Also known as: establishes by law · established by the law · establish by law · created by statute · authorized by legislation
Written by attorneys · grounded in primary & secondary sources — see below
A position, standard, or duty prescribed or authorized by statute or other positive law rather than by private agreement or common-law development alone.
Congress passes a statute creating a new position of special trial judge within the tax court and authorizes the chief judge to appoint the officer. The President nominates a candidate for the role. Because the office is established by law, the appointment process follows the constitutional framework allowing Congress to vest selection in the courts.
Emily Ellis conveys a parcel to Equinox Energy and includes language granting a right of way across retained land. The deed satisfies all recording and execution rules required for easements. The conveyance therefore creates the easement because it meets the formal requisites established by law.
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Eugene Ellsworth leases an apartment building to Eileen Epstein. A city housing code requires functioning smoke detectors. After the tenant moves in, a detector fails and a fire injures a guest. Because the condition violates a duty created by statute, the landlord faces liability for the resulting harm.
Elijah Edwards drives through an intersection without checking for oncoming traffic and collides with another vehicle. The applicable standard requires drivers to maintain a lookout to protect others from unreasonable risk. Because his conduct falls below the standard established by law, he is negligent.
Erika Echevarria owns a building leased to Enigma Technologies. A rotting balcony railing violates a municipal safety ordinance. The railing collapses and injures a pedestrian on the sidewalk. Because the condition breaches a duty created by statute, the landlord is liable for the injury.
Evergreen Bank hires Echo Systems to install security software. The installer fails to configure alerts that a reasonable provider would have activated. A breach occurs and the bank suffers losses. The plaintiff must prove facts giving rise to a legal duty on the part of the defendant to conform to the standard of conduct established by law.
The phrase refers to a federal position created or authorized by statute. Congress must first enact legislation defining the office before the President may appoint someone to fill it, subject to Senate confirmation for principal officers.
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The conveyance must satisfy every formal requirement that positive law imposes for easements. Compliance with those statutory or regulatory formalities is what renders the easement valid.
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Liability arises when the landlord fails to repair a condition that violates a statute or regulation after receiving notice. The statute itself supplies the standard of care that the landlord must meet.
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Negligence is conduct falling below the standard established by law for protecting others against unreasonable risk. The legal standard supplies the benchmark against which the actor's behavior is measured.
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…Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Appellees…