statute
statute
stat·ute
S0722000 (stăch′o͞ot)statute
(ˈstætjuːt)stat•ute
(ˈstætʃ ut, -ʊt)n.
statute
Noun | 1. | statute - an act passed by a legislative body |
Adj. | 1. | statute - enacted by a legislative body; "statute law"; "codified written laws" |
单词 | statute | ||||||
释义 | statutestatutestat·uteS0722000 (stăch′o͞ot)statute(ˈstætjuːt)stat•ute(ˈstætʃ ut, -ʊt)n. statute
statutestatutenounstatute(ˈstӕtjuːt) nounstatutestatute,in law, a formal, written enactment by the authorized powers of a state. The term is usually not applied to a written constitutionconstitution,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 lawcommon 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 jurisdiction that ..... 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 codecode, 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 the legal ..... 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. Statute(polozhenie), in Soviet law, a normative act that summarizes, codifies, and defines the structure, functions, and competence of a state agency or system of agencies, for example, the Statute on the Supreme Court of the USSR and the General Statute on Ministries of the USSR. Statutes also regulate operational procedures of state agencies and organizations in certain cases—for example, the Statute on the Conduct of Cash Transactions by State, Cooperative, and Public Enterprises, Organizations, and Institutions—as well as all organizational, property, and labor relations pertaining to a specific question, for example, the Statute on Discoveries, Inventions, and Rationalization Proposals. Statute(1) A provision or regulation that defines the procedures of an organization and the functions of individual national and international organizations, such as the statute of the International Court of Justice (1945). (2)Regulations that set the legal provisions of such medieval institutions as craft guilds. Valuable historical sources, guild statutes (or charters) consisted of rules based on common law that regulated the activities of guilds. (3)Any legal regulation, for example, a statute on orders, which defines the procedures for awarding a given order, as well as the order’s description. (4)Certain legislative acts of Great Britain’s Parliament, such as the Statute of Westminster of 1931, and of the United States Congress. statutestatutestatutestatuteStatuteAn act of a legislature that declares, proscribes, or commands something; a specific law, expressed in writing. A statute is a written law passed by a legislature on the state or federal level. Statutes set forth general propositions of law that courts apply to specific situations. A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental mechanisms to aid society. A statute begins as a bill proposed or sponsored by a legislator. If the bill survives the legislative committee process and is approved by both houses of the legislature, the bill becomes law when it is signed by the executive officer (the president on the federal level or the governor on the state level). When a bill becomes law, the various provisions in the bill are called statutes. The term statute signifies the elevation of a bill from legislative proposal to law. State and federal statutes are compiled in statutory codes that group the statutes by subject. These codes are published in book form and are available at law libraries. Lawmaking powers are vested chiefly in elected officials in the legislative branch. The vesting of the chief lawmaking power in elected lawmakers is the foundation of a representative democracy. Aside from the federal and state constitutions, statutes passed by elected lawmakers are the first laws to consult in finding the law that applies to a case. The power of statutes over other forms of laws is not complete, however. Under the U.S. Constitution and state constitutions, federal and state governments are comprised of a system of checks and balances among the legislative, executive, and judicial branches. As the system of checks and balances plays out, the executive and judicial branches have the opportunity to fashion laws within certain limits. The Executive Branch may possess certain lawmaking powers under the federal or state constitutions, and the judiciary has the power to review statutes to determine whether they are valid under those constitutions. When a court strikes down a statute, it in effect creates a law of its own that applies to the general public. Laws created through judicial opinion stand in contradistinction to laws created in statutes. Case law has the same legally binding effect as statutory law, but there are important distinctions between statutes and case law. Case law is written by judges, not by elected lawmakers, and it is written in response to a specific case before the court. A judicial opinion may be used as precedent for similar cases, however. This means that the judicial opinion in the case will guide the result in similar cases. In this sense a judicial opinion can constitute the law on certain issues within a particular jurisdiction. Courts can establish law in this way when no statute exists to govern a case, or when the court interprets a statute. For example, if an appeals court holds that witness testimony on memory recovered through therapy is not admissible at trial, that decision will become the rule for similar cases within the appeals court's jurisdiction. The decision will remain law until the court reverses itself or is reversed by a higher court, or until the state or federal legislature passes a statute that overrides the judicial decision. If the courts strike down a statute and the legislature passes a similar statute, the courts may have an opportunity to declare the new statute unconstitutional. This cycle can be repeated over and over if legislatures continually test the constitutional limits on their lawmaking powers. Judicial opinions also provide legal authority in cases that are not covered by statute. Legislatures have not passed statutes that govern every conceivable dispute. Furthermore, the language contained in statutes does not cover every possible situation. Statutes may be written in broad terms, and judicial opinions must interpret the language of relevant statutes according to the facts of the case at hand. Regulations passed by administrative agencies also fill in statutory gaps, and courts occasionally are called on to interpret regulations as well as statutes. Courts tend to follow a few general rules in determining the meaning or scope of a statute. If a statute does not provide satisfactory definitions of ambiguous terms, courts must interpret the words or phrases according to ordinary rules of grammar and dictionary definitions. If a word or phrase is technical or legal, it is interpreted within the context of the statute. For example, the term interest can refer to a monetary charge or ownership of property. If the term interest appears in the context of a statute on real estate ownership, a court will construe the word to mean property ownership. Previous interpretations of similar statutes are also helpful in determining a statute's meaning. Statutes are not static and irreversible. A statute may be changed or repealed by the lawmaking body that enacted it, or it may be overturned by a court. A statute may lapse, or terminate, under the terms of the statute itself or under legislative rules that automatically terminate statutes unless they are reapproved before a certain amount of time has passed. Although most legal disputes are covered at least in part by statutes, tort and contract disputes are exceptions, in that they are largely governed by case law. Criminal Law, patent law, tax law, Property Law, and Bankruptcy law are among the areas of law that are covered first and foremost by statute. Cross-referencesJudicial Review; Legislation; Legislative History; Statutory Construction. statuten. a Federal or state written law enacted by the Congress or state legislature, respectively. Local statutes or laws are usually called "ordinances." Regulations, rulings, opinions, executive orders and proclamations are not statutes. statutean enactment of a legislative body expressed in a formal document, such as an ACT OF PARLIAMENT.DE DONIS, STATUTE. The name of an English statute passed the 13 Edwd. I. c. 1, the real design of which was to introduce perpetuities, and to strengthen the power of the barons. 6 Co. 40 a; Co. Litt. 21; Bac. Ab. Estates in tail, in prin. LAW, STATUTE. The written will of the legislature, solemnly expressed according to the forms prescribed by the constitution; an act of the legislature. See Statute. STATUTE. The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature. statutestatuteA law enacted by a state or by the federal government. statute
Synonyms for statute
|
||||||
随便看 |
|
英语词典包含2567994条英英释义在线翻译词条,基本涵盖了全部常用单词的英英翻译及用法,是英语学习的有利工具。