Free Legal Basics FAQs | Free Legal Basics Legal FAQs

What Is A Statute?

Wed, 26 Dec 2007 12:06:21 GMT

A statute is a rule that was passed into law by the federal government or a state’s legislature. A collection of several statutes make up statutes/codes. These codes are sets of rules that tell us if our behavior is legal or illegal. The codes (rules) are organized by subject matter. Breaking or violating a particular statute or rule is the same thing as committing a crime. If you have violated a statute, you have committed a crime.

What Is The Process That Goes On Before A Rule Is Made Into A Law?

Wed, 26 Dec 2007 12:19:38 GMT

A statute often begins as an idea to help society function better. The idea can come from a citizen, an advocacy group, another state, or an elected representative. The idea is written down in rulemaking language and presented to the appropriate legislative body: (the elected representative’s colleagues in Congress or in a state legislature). Once an idea is written down and presented to the appropriate legislative body, it becomes a bill. A bill is reviewed by legislative committees and read by elected representatives. Generally, for a bill to become law, it must be supported by a majority of the state legislature or congress. If a bill is supported by a majority of the state legislature or congress, it is considered to have “passed” and is sent to the Governor of the State or the President of the United States for their approval. If the Governor supports and signs a bill, it becomes state law. If a President supports and signs a bill, it becomes federal law. Once a bill has been signed into law, it is codified (reduced to, or arranged into a statute).

How Do I Find A Statute?

Wed, 26 Dec 2007 17:48:21 GMT

A statute can be found in “Codes” in most law libraries or online by going to the state’s website. Codes are divided into subject area, or type of law.

For example, if you are seeking information on state criminal law, you look in your states’ “Criminal” or “Penal” Code. If you are looking for information on Family law, generally you look in your states’ “Family” code. If you are looking for a federal code, you look in the U.S. Code.

How Do I Know Which Statute I Violated?

Wed, 26 Dec 2007 17:56:16 GMT

If you have violated a state or federal statute, and you have been charged with a crime, the prosecution will let you know which statute you are accused of violating in your arraignment. At the arraignment or before, you will be given a copy of the criminal complaint or summons which will tell you what specific law you are being accused of violating.

If you believe you have violated a state or federal statute and you have not yet been charged with a crime, you should seek the advice of an attorney to determine which statute you may have violated.

Sometimes On Tv I Hear Someone Say That The Federal Government Or The State Government Does Not Have "jurisdiction." What Does That Mean?

Fri, 21 Dec 2007 21:40:04 GMT

Jurisdiction determines who has the authority to enforce the statutes/laws. If a person breaks a federal law, the federal government is said to have jurisdiction and the federal government will prosecute that person. If a person breaks a state law, the state or county where the law was broken is said to have jurisdiction and they will prosecute that person.

What Is A Crime?

Wed, 26 Dec 2007 19:04:37 GMT

A crime is the breaking of a law (statute) contained in the Federal or State Codes. A crime is subject to punishment that can include fines, probation, prison or any combination of the three.

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