请输入您要查询的英文单词:

 

单词 statute
释义

statute


statute

a law enacted by the legislative branch of a government: The maximum allowable speed was established by statute.
Not to be confused with:statue – image of human or animal carved in marble or bronze: There is a statue of the local hero in the center of town.stature – height or uprightness: He was of unusual stature.

stat·ute

S0722000 (stăch′o͞ot)n.1. A law enacted by a legislature.2. A decree or edict, as of a ruler.
[Middle English, from Old French estatut, from Late Latin statūtum, from neuter of Latin statūtus, past participle of statuere, to set up, from status, position; see stā- in Indo-European roots.]

statute

(ˈstætjuːt) n1. (Law) a. an enactment of a legislative body expressed in a formal documentb. this document2. (Law) a permanent rule made by a body or institution for the government of its internal affairs[C13: from Old French estatut, from Late Latin statūtum, from Latin statuere to set up, decree, ultimately from stāre to stand]

stat•ute

(ˈstætʃ ut, -ʊt)

n. 1. a. a formal enactment by a legislature. b. a document setting forth such an enactment. 2. an instrument annexed to an international agreement, as a treaty. 3. a permanent rule established by an organization, corporation, etc., to govern its internal affairs. [1250–1300; Middle English statut < Old French estatut < Late Latin statūtum, n. use of neuter of Latin statūtus, past participle of statuere to make stand, set up, derivative of status status]

statute

A law that is passed by a legislature.
Thesaurus
Noun1.statute - an act passed by a legislative bodylegislative actrider - a clause that is appended to a legislative billact, enactment - a legal document codifying the result of deliberations of a committee or society or legislative bodyfair-trade act - formerly a state law that protected manufacturers from price-cutting by allowing them to set minimum retail prices for their merchandise; eliminated by the United States Congress in 1975Stamp Act - an act passed by the British Parliament in 1756 that raised revenue from the American Colonies by a duty in the form of a stamp required on all newspapers and legal or commercial documents; opposition by the Colonies resulted in the repeal of the act in 1766enabling act, enabling clause - a provision in a law that confers on appropriate officials the power to implement or enforce the lawFISA, Foreign Intelligence Surveillance Act - an act passed by Congress in 1978 to establish procedures for requesting judicial authorization for foreign intelligence surveillance and to create the Foreign Intelligence Surveillance Court; intended to increase United States counterintelligence; separate from ordinary law enforcement surveillanceordinance - a statute enacted by a city governmentspecial act - a legislative act that applies only to a particular person or particular districtlaw, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
Adj.1.statute - enacted by a legislative body; "statute law"; "codified written laws"codifiedwritten - systematically collected and written down; "written laws"

statute

noun law, act, rule, regulation, decree, ordinance, enactment, edict a new statute to take in both pay and discrimination laws

statute

nounThe formal product of a legislative or judicial body:act, assize, bill, enactment, law, legislation, lex, measure.
Translations
成文法法令法规

statute

(ˈstӕtjuːt) noun a written law of a country. 法令,法規,成文法 法令,法规,成文法

statute


statute,

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.

statute

1. a. an enactment of a legislative body expressed in a formal document b. this document 2. a permanent rule made by a body or institution for the government of its internal affairs

statute


statute

Any law enacted by a state legislature.

statute


Related to statute: Statute of frauds

Statute

An 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-references

Judicial Review; Legislation; Legislative History; Statutory Construction.

statute

n. 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.

statute

an 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.
2. This word is used in contradistinction to the common law. Statutes acquire their force from the time of their passage unless otherwise provided. 7 Wheat. R. 104: 1 Gall. R. 62.
3. It is a general rule that when the provision of a statute is general, everything which is necessary to make such provision effectual is supplied by the common law; Co. Litt. 235; 2 Inst. 222; Bac. Ab. h.t. B; and when a power is given by statute, everything necessary for making it effectual is given by implication: quando le aliquid concedit, concedere videtur et id pe quod devenitur ad aliud. 12 Co. 130, 131 2 Inst. 306.
4. Statutes are of several kinds; namely, Public or private. 1. Public statutes are those of which the judges will take notice without pleading; as, those which concern all officers in general; acts concerning trade in general or any specific trade; acts concerning all persons generally. 2. Private acts, are those of which the judges will not take notice without pleading; such as concern only a particular species, or person; as, acts relating to any particular place, or to several particular places, or to one or several particular counties. Private statutes may be rendered public by being so declared by the legislature. Bac. Ab. h.t. F; 1 Bl. Com. 85. Declaratory or remedial. 1. A declaratory statute is one which is passed in order to put an end to a doubt as to what the common law is, and which declares what it is, and has ever been. 2. Remedial statutes are those which are made to supply such defects, and abridge such superfluities in the common law as may have been discovered. 1 Bl. Com. 86. These remedial statutes are themselves divided into enlarging statutes, by which the common law is made more comprehensive and extended than it was before; and into restraining statutes, by which it is narrowed down to that which is just and proper. The term remedial statute is also applied to those acts which give the party injured a remedy, and in some respects those statutes are penal. Esp. Pen. Act. 1.
6. Temporary or perpetual. 1. A temporary statute is one which is limited in its duration at the time of its enactment. It continues in force until the time of its limitation has expired, unless sooner repealed. 2. A perpetual statute is one for the continuance of which there is no limited time, although it be not expressly declared to be so. If, however, a statute which did not itself contain any limitation, is to be governed by another which is temporary only, the former will also be temporary and dependent upon the existence of the latter. Bac. Ab. h.t. D.
7. Affirmative or negative. 1. An affirmative statute is one which is enacted in affirmative terms; such a statute does not take away the common law. If, for example, a statute without negative words, declares that when certain requisites shall have been complied with, deeds shall, have in evidence a certain effect, this does not prevent their being used in evidence, though the requisites have not been complied with, in the same manner as they might have been before the statute was passed. 2 Cain. R. 169. 2. A negative statute is one expressed in negative terms, and so controls the common law, that it has no force in opposition to the statute. Bro. Parl. pl. 72; Bac. Ab. h.t. G.
8. Penal statutes are those which order or prohibit a thing under a certain penalty. Esp. Pen. Actions, 5 Bac. Ab. h.t. I, 9. Vide, generally, Bac. Ab. h.t.; Com. Dig. Parliament; Vin. Ab. h.t.; Dane's Ab. Index, h.t.; Chit. Pr. Index, h.t.; 1 Kent, Com. 447-459; Barrington on the Statutes, Boscaw. on Pen. Stat.; Esp. on Penal Actions and Statutes.
9. Among the civilians, the term statute is generally applied to all sorts of laws and regulations; every provision of law which ordains, permits, or prohibits anything is a statute without considering from what source it arises. Sometimes the word is used in contradistinction to the imperial Roman law, which, by way of eminence, civilians call the common law. They divide statutes into three classes, personal, real and mixed.
10. Personal statutes are those which have principally for their object the person, and treat of property only incidentally; such are those which regard birth, legitimacy, freedom, the fight of instituting suits, majority as to age, incapacity to contract, to make a will, to plead in person, and the like. A personal statute is universal in its operation, and in force everywhere.
11. Real statutes are those which have principally for their object, property, and which do not speak of persons, except in relation to property; such are those which concern the disposition, which one may make of his property either alive or by testament. A real statute, unlike a personal one, is confined in its operation to the country of its origin.
12. Mixed statutes are those which concern at once both persons and property. But in this sense almost all statutes are mixed, there being scarcely any law relative to persons, which does not at the same time relate to things. Vide Merl. Repert. mot Statut; Poth. Cout. d'Orleans, ch. 1; 17 Martin's Rep. 569-589; Story's Confl. of Laws, Sec. 12, et seq.; Bouv. Inst. Index, h.t.

statute


statute

A law enacted by a state or by the federal government.

statute


Related to statute: Statute of frauds
  • all
  • noun
  • adj

Synonyms for statute

noun law

Synonyms

  • law
  • act
  • rule
  • regulation
  • decree
  • ordinance
  • enactment
  • edict

Synonyms for statute

noun the formal product of a legislative or judicial body

Synonyms

  • act
  • assize
  • bill
  • enactment
  • law
  • legislation
  • lex
  • measure

Synonyms for statute

noun an act passed by a legislative body

Synonyms

  • legislative act

Related Words

  • rider
  • act
  • enactment
  • fair-trade act
  • Stamp Act
  • enabling act
  • enabling clause
  • FISA
  • Foreign Intelligence Surveillance Act
  • ordinance
  • special act
  • law
  • jurisprudence

adj enacted by a legislative body

Synonyms

  • codified

Related Words

  • written
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。

 

Copyright © 2004-2022 Newdu.com All Rights Reserved
更新时间:2025/1/11 3:00:52