Читать книгу Intellectual Property Law for Engineers, Scientists, and Entrepreneurs - Howard B. Rockman - Страница 33

A statute is a law enacted by a legislative body, stating the express declarations of the will of the legislature on a given subject. A state law prohibiting gambling is an example of statutory law. Federal laws such as the Interstate Commerce Act, and municipal laws or ordinances regulating traffic, are also examples of statutes. Treaties and administrative regulations also have the same force and effect as statutes passed by the legislatures.

A primary reason for passing a statute is general dissatisfaction among the public with a present law situation in a particular field. The passage of a statute voids the common law covering the same point when the legislature’s jurisdiction is invoked. However, there are limitations on the statutes passed by the legislature. For example, a statute cannot conflict with the U.S. Constitution or with the state Constitution involved. If a case arises involving a statutory issue, the courts may find that the statute conflicts with the Constitution, and the statute may be held invalid. Thus, the Constitutions are the supreme laws of their respective jurisdictions.

Legislatures also pass laws to develop a comprehensive set of rules to deal with specific problems and situations. Under the common law system, on a case‐by‐case basis, many years and several complex decisions may evolve before the law in a certain area changes. A legislature has the ability to cut through that time and enact legislation immediately to establish new laws.