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Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law. [1] [2] [better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality.
The law of most of the states is based on the common law of England; the notable exception is Louisiana, whose civil law is largely based upon French and Spanish law.The passage of time has led to state courts and legislatures expanding, overruling, or modifying the common law; as a result, the laws of any given state invariably differ from the laws of its sister states.
By contrast, a non-positive law title is a title that has not been codified into federal law, and is instead merely an editorial compilation of individually enacted federal statutes. [15] By law, those titles of the United States Code that have not been enacted into positive law are "prima facie evidence" [16] of the law in effect.
Statutory interpretation first became significant in common law systems, of which historically England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent.
A few volumes of the CFR at a law library (titles 12–26) In the law of the United States, the Code of Federal Regulations (CFR) is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent ...
This is an accepted version of this page This is the latest accepted revision, reviewed on 21 December 2024. Constitution of the United States The United States Congress enacts federal statutes in accordance with the Constitution. The Supreme Court of the United States is the highest authority in interpreting federal law, including the federal Constitution, federal statutes, and federal ...
Sore Loser Laws, Explained. Mark Caleb Smith. February 7, 2024 at 11:42 PM. ... Dennis Polio, and Andrew Pardue, writing in the Harvard Journal of Law and Public Policy, disagree. They think ...
The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States. Federal statutes are the law of the land only when they are "made in pursuance" of the Constitution. State constitutions and statutes are valid only if they are consistent with the Constitution.