Written by attorneys · grounded in primary & secondary sources — see below
An act of a legislature that has the force of law.
Sources & Authorities· 30 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Criminal Negligence Charge
Selena Singh drove her delivery truck at excessive speed through a residential area while distracted by her phone. Her vehicle struck and killed a pedestrian. Prosecutors charged her under the state statute defining involuntary manslaughter by criminal negligence. The court applied the statute to her conduct and convicted her of the offense.
Risk Of Loss Dispute
Sabrina Shah signed a contract to purchase a warehouse from Stonehaven Properties. Before closing a fire destroyed the building. The buyer invoked the statute adopting equitable conversion and paid the full purchase price despite the loss. The court enforced the statute and held the buyer bore the risk.
Santiago Sanchez attempted to register to vote but was denied on account of sex under an old state law. He sued claiming violation of the federal statute implementing the constitutional prohibition on denial of the vote on account of sex. The court struck down the state law as inconsistent with the statute.
Voluntary Act Requirement
Scott Summers was charged with a crime after his body convulsed during a seizure and caused injury. His lawyer cited the statute requiring a voluntary act for criminal liability. The court dismissed the charge because the statute excluded reflexive conduct from liability.
Judicial Practice Prohibition
Sasha Stone became a judge and continued representing family members in court for pay. Opposing counsel moved to disqualify her under the statute barring judges from practicing law. The court enforced the statute and removed her from the case.
Tenancy Termination Notice
Spencer Silver rented an apartment under an oral month-to-month agreement. The landlord served notice to terminate after thirty days as required by the statute governing at-will tenancies. The court upheld the termination because the statute had been satisfied.
Common questions
Frequently Asked
4
What distinguishes a statute from common law?+
A statute is enacted by a legislative body while common law arises from judicial decisions. The Black's definition confirms that statutes are positive enactments given the force of law by the state.
Supporting sources
Can administrative boards create statutes?+
Yes. The definition includes legislation enacted by administrative boards when the state gives their enactments the force of law.
Supporting sources
How does a statute interact with equitable conversion rules?+
A statute may adopt or modify the equitable conversion doctrine and thereby determine which party bears the risk of loss before closing on a land sale contract.
Does a statute always require a writing to be valid?+
No. Some statutes such as those governing short-term leases or oral trusts may be valid without a writing if they meet other statutory conditions.
5 U.S. (1 Cranch) 137 (1803)Property
…the appointment is made when the last act required from the President is performed; the signature is that last act. The statute converting the Department of Foreign Affairs into the Department of State enacts that the Secretary shall affix the seal to civil commissions after they shall have been signed by the…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational