The Law Class (1 of 1)

Next would come statutory law . This is the form of law that most Americans know as “the law”, although it is in reality a form of law with very limited power . Statutory law is comprised solely of the acts of the legislature that have become law and are currently in force. Most of these legislative acts (statutes) have been codified to one “title” or another within a set of “codes”. There are a couple of significant points to remember. First, most codes are not law, but are merely indicative of the law; the law is the actual statute that was passed by the legislature. It is conceivable that a statute could have been repealed, yet the code section still exist. If you are in a legal fight, always check the statute behind the code section. Second, keep in mind that not every statute passed into law is codified; some statutes simply stand-alone and remain non-codified, hence the name “statute-at-large”. A statute is an enactment by a legislative body bringing into existence its creatures (e.g. corporations) and setting forth the privileges, immunities and responsibilities of each creation. A statute applies only to the “rightful subject of legislation” (i.e. the creatures created by statutory fiat). The “rightful subjects of legislation” does not mean The People, unless the statute specifically states its intent to apply to private Citizens . Of course one should remember that one can create an obligation to a law that would not otherwise bind him by involving himself in various regulated activities or by entering into an agreement with the government (such as acquiring a business license, resale permit, etc.) And here’s the real kicker concerning statutory law:

Other Important Distinctions

Classifications

Every law that defines an offense falls into one of two categories. The first category is mala in se , and the second is mala prohibita . A mala in se offense is a crime that is, by the laws of nature and God, a true crime. Examples of this would be, murder, rape, robbery, fraud, etc. A mala prohibita offense is one that would not be an offense were it not for the legislature passing a law that makes a particular act a punishable offense. Examples of this would be, possessing or smoking marijuana, buying and selling more than 7 cars a year without a dealer’s license (in California), not obeying road signs and speed limits, etc.

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