Statutory Law
Statutory Law is the term used to define written laws, usually enacted by a legislative body. Statutory laws vary from regulatory or administrative laws that are passed by executive agencies, and common law, or the law created by prior court decisions.
Unlike common law, which is subject to interpretation in its application by the court, statutory laws are generally strictly construed by courts. Strict construction means that courts are generally not able to read between the liens of a statute in order to liberalize its application. Rather, they will be bound by its express terms.
As legislative enactments, statutory laws follow the usual process of legislation. A bill is proposed in the legislature and voted upon. If approved, it passes to the executive branch (either a governor at the state level or the president at the federal level). If the executive signs the bill it passes into law as a statute. If the executive fails or refuses to sign the bill, it can be vetoed and sent back to the legislature. In most instances, if the legislature again passes the bill by a set margin it becomes a statute.
Statutes are also recorded, or codified, in writing and published. Statutory law usually becomes effective on a set date written into the bill. Statutes can be overturned by a later legislative enactment or if found unconstitutional by a court of competent jurisdiction.
For more information on statutory laws, please review the materials listed below.
Copyright HG.org
Government Law Articles
- Fighting DUI Offenses in Five North Georgia Counties in the NW Corner of the State of GeorgiaDriving under the influence in Georgia is codified in OCGA 40-6-391. As in most other states, driving under the influence in Georgia has serious consequences, including the fact that a DUI conviction can NEVER be expunged or restricted from your criminal record. If convicted of a first offence DUI, adult-aged drivers with a Georgia license can get a limited driving permit.
- U.S. Export Controls and Nonimmigrant Visas: A Practical Guide for HR and C-Level ExecutivesThe nexus between U.S. export controls and nonimmigrant visas lies at the intersection of international commerce, national security, and immigration law. Employers hiring foreign nationals under specific visa categories must navigate complex regulatory landscapes to maintain compliance with both immigration laws and export controls. This article explores the importance of these considerations.
- Compelling Circumstances EAD sec. (c)(35): A Strategy to Protect Nonimmigrant Workers from Accruing Unlawful PresenceThe United States Citizenship and Immigration Services (USCIS) published new guidelines on June 14, 2023, regarding the Compelling Circumstances Employment Authorization Document (EAD) under section (c)(35). This significant development has introduced a temporary relief strategy that could assist certain non-immigrant workers who face compelling circumstances, such as being laid off or facing other personal hardships.
- What Is the Process for Getting an OFAC Clearance in 2023?Companies and individuals listed as Specially Designated Nationals (SDNs) by the Office of Foreign Assets Control (OFAC) at the Department of the Treasury face severe economic hardship for being the targets of American economic and trade sanctions. Petitioning to get cleared from the list of sanctioned parties is essential.
- The False Claims Act Process & Whistleblower RewardWhat potential whistleblowers need to know about bringing a qui tam lawsuit under the federal False Claims Act. History of the False Claims Act The False Claims Act (FCA), 31 U.S.C. 3729 – 3733 is a federal statute enacted in 1863 in response to defense contractor fraud during the American Civil War, and is also known as “The Lincoln Law.”
- Five Successful Whistleblower Programs in the United StatesWhistleblowers play a critical role in holding individuals and organizations accountable for fraudulent or corrupt practices. In the United States, several whistleblower laws provide legal protection and incentives for individuals who report illegal or unethical conduct. Each year billions of dollars are recovered through the whistleblower statutes and hundreds of millions of dollars go to whistleblower awards for individuals who blow the whistle the right way. Here are five successful whistleblower statutes in the United States, that have resulted in major recoveries over the years.
- How to Select the Best Whistleblower Lawyer for Your CaseIf you are considering blowing the whistle on fraud, waste, or abuse in your workplace, or against an entity that is defrauding the federal government or committing securities violations, you need an experienced whistleblower lawyer to protect your rights and interests. Whistleblower cases can be complex and involve sensitive information, so you want to make sure you choose the best lawyer for your case. Here are some factors to consider when determining who is the best whistleblower lawyer for your case:
- Five Famous Whistleblowers & Some You Haven’t Heard OfNowadays, the term whistleblower is used generically to depict an individual who publicly discloses private information, regardless of whether the entity was engaged in wrongdoing or not. For example, the leaking of classified information is not what some would consider a noble cause, but perhaps others think it is. This blog discusses some famous whistleblowers but does not necessarily condone all of their actions. Some whistleblower law firms will broadly construe anyone disclosing confidential information as a whistleblower.
- Whistleblowing in the Pharmaceutical Industry in the United StatesThe importance of whistleblowing in the pharmaceutical industry Perhaps one of the most critical industries to blow the whistle in is in the pharmaceutical industry where lack of quality controls and/or falsification of approval methods can lead to catastrophic life altering consequences to scores of people. In the past certain pharmaceutical products deliberately downplayed risks of their products such as pulmonary embolism incidents, or its link to cancers, and consequently physicians and consumers could not make educated decisions about whether the benefit of the product outweighed its side effects. People died. People suffered strokes and other embolic events.
- Most Common Forms of Medicare Fraud in the U.S.The False Claims Act (FCA) is a federal law that imposes liability on individuals or entities that submit false or fraudulent claims for payment to the federal government. Under the False Claims Act, a private individual can file a qui tam lawsuit on behalf of the government, and if the suit is successful the whistleblower may be eligible to receive between 15% and 30% of the government’s total recovery as a whistleblower award. False Claims Act lawsuits have resulted in significant recoveries for the government and have helped deter fraud and abuse. In fact, each year several billion dollars are recovered through the FCA, and hundreds of millions of dollars are given out as whistleblower rewards.
