What is a statute? How is a statute created? For what purposes might a statute be ….? When would a statute be invalid? Give an example of when a statute would be invalid.
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What is a statute?
Statute: a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent.[1] Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.
How is a statute created? For what purposes might a statute be made? When would a statute be invalid? Give an example of when a statute would be invalid.
Statutes are created by legislative bodies and can be, what we consider, new law going into effect. For example, when the legislative governing body makes a law about speed limits, which did not exist before. The law becomes statute after passing and so it can be applied in criminal or civil cases.
For what purposes might a statute be made? When would a statute be invalid? Give an example of when a statute would be invalid.
Statutes are created for the purpose of protection and security. Usually a statute is meant to simply be a law that has to be followed. This can be anything from passing a law to stop people from speeding to what can we do to punish people harder for crimes.
When would a statute be invalid? Give an example of when a statute would be invalid.
There are three ways that statutes may be invalid:
The statute may be superseded by state or federal laws that are contrary to the statute. Technically, if the statute is local, then the state supercedes, if the statute is state, then the federal supersedes
There may be existing laws, outside of regular laws, that may prohibit the statute from being enacted. For example, something that impedes someones freedom of speech, which is a constitutional amendment, which cannot be surpassed by no law, state or federal.
The courts can change make the law invalid, if the law goes agains the constitution of that state or if the court finds that the law is unconstitutional.
Example:
City of Atlanta passes a law that prohibits newspapers from expressing any type of negative feelings against government, either by newspaper or web. The State of Georgia constitution states that people are allowed freedom of speech, similar to the U.S Constitution. The newspapers sue the local government and the government is told that the law is illegal, striking it down.
References:
https://en.wikipedia.org/wiki/Statute
https://www.vocabulary.com/dictionary/statute